Fighting Houston Area HOAs: Child Play Sets and Solar Panels

 Over the years, homeowners associations (HOAs) have faced numerous legal battles in Texas, particularly in Houston Metropolitan areas. As the popularity of HOAs increases, so have the incidents of legal disputes between homeowners and the associations. However, some homeowners have been successful in their legal challenges against HOAs, resulting in legal victories.

One notable example is the compelling case by Michael and Kristen Adamson against their HOA in Katy, Texas. The family had installed a playset for their children that was visible from the street, which their HOA did not approve of, citing it as a violation of the subdivision's aesthetic appeal. The Adamsons pleaded their case, stating that the playset was temporary and posed no danger to the neighborhood. After the HOA persistent in getting the playset removed, the Adamsons sought legal assistance and filed a lawsuit against the HOA. The judge ruled in their favour, stating that the restrictions in the subdivision's guidelines were not enforceable and dismissing the case for the Adamson.


Similarly, in Spring, Texas, the Azali Family landed in court with their HOA over the installation of solar panels in their garage roof. The HOA stated that solar panels were not permitted under their bylaws and laid claim that they ruined the neighbourhood's aesthetics. The Azali's fought back, stating that the property was theirs, and they had the right to reduce their carbon footprint. After a long court battle, the judge ruled that placing a solar panel was a modification of an owner property that was within the scope of their agreement, and HOA had violated the law by refusing this modification. The ruling was regarded as a legal victory for property owners' rights by many.


Another legal victory for homeowners in Texas’s Houston Metro area occurred in 2019 where a couple challenged their HOA regulations on double-pane windows. Siding with the association, the court held that "the restriction was reasonable," and homeowners had breached the contract by disregarding the agreement in its recognisance.


One of the most significant legal victories for homeowners against HOAs in the Houston Metropolitan area was Stephen Richardson's case. Richardson's HOA in the Katy area demanded that he remove an oversized flagpole, citing that such structures were breach of their covenant guidelines, including moving the American flag from a specific location to a designated area The former marine and his wife refused to take down their flagpole, taking help from local veterans organizations. Eventually, a court ruled in their favor, denying their HOA’s injunction request to remove the flagpole and advised Stephen Richardson to pay the HOA's lawyers fees.


In conclusion, Texas homeowners continue to challenge their HOAs on various different reasons. While some disputes end amicably, some have resulted in lengthy legal battles with legal victories for many homeowners. Winning legal battles for homeowners in Texas's Houston Metro area has demonstrated that HOAs are only allowed to do what is allowed by state and federal law and may only enforce rules in accord with the declaration of covenants, the bylaws that accompany it. Legal counsel is essential to ascertain and understand the community homeowners are dealing with and the law that governs it before deciding whether to take legal action. Knowing what has been debated and the outcome of legal victories against HOAs can help homeowners champion their rights and make informed decisions about action required.

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