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Can an HOA amend the Covenants & Restrictions to only charge unimproved property owner fees that everyone benefits from?

Bulverde, TX |

I am lot owner in a gated subdivision in Bulverde Texas of approximately 120 homes. Homes started being built in the complex in 2006, with about 30 open lots to be built upon as of today. I currently have my lot for sale due to job relocation to Dallas, but I was open to returning back and building after retirement if my lot was still unsold 6 years from now.
In August of 2013 I sent in a proxy vote, though mail, to vote “YES” to what they called a “Roadway Fee” which was to help fund repairs to the roads that were damaged by construction vehicles over the last 6-7 years. After all I want my land to hold its value, and I view this “assessment” as an investment………..but………. Today in the mail I received something that I can’t even fathom any group of people would diabolically plan. To raise the money for the road repairs, the HOA wants to vote on Oct 24th, for an Amendment to the Declaration of Covenants, Conditions and Restrictions that would essentially charge a “New Home Construction Application Fee of 1,000”. Up to this point the ACC approval committee is volunteers and no homeowner to date, out of the 90 homes already constructed in the subdivision had to pay anything to have their plans approved. Approval for this change takes a 2/3 vote, and how would this NOT be approved being that 90 of the 120 lots now have homes on them? This ridiculous tactic is unethical, unfair, and discriminatory, not to mention that future new home plan approval has absolutely nothing to do with fees collected to repair roads. What is to keep this HOA from doing the same thing a year from now changing the fee to 10,000? This fee devalues my property and increases the values of the established homes in the community. It may be legal, but in no way should something like this be allowed.

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Attorney answers 1


It doesn't seem fair. You have a right to examine the minutes and votes - check the bylaws for the rules on this. You could challenge this, but if everything was done right, I doubt you will win. This is similar for the HOAs imposition of transfer fees when properties are sold. They used to not exist, but now they do. Sorry.

Actively practicing law in Texas. Inactive licenses in Arizona and Georgia. All answers are general in nature and no attorney/client relationship exists in this forum.