Can HOA rules be enforced against non-members?

In Texas, homeowners associations (HOAs) are commonly found in master planned communities and condominiums. An HOA is responsible for enforcing community-wide rules and regulations, such as regulations regarding the maintenance of the common areas, exterior paint colors, and landscaping. But can HOA rules be enforced against non-members? The answer is yes. The Texas Property Code allows HOAs to extend their authority beyond their members. This means that a non-member who owns property in the community or resides in a condominium governed by the HOA may be subject to the association’s governing documents, including its rules and regulations. However, this does not mean that the HOA has the authority to impose fines or punishments on non-members. For example, an HOA can require a non-member to paint the building’s exterior in accordance with its regulations, but it cannot impose a fine or other penalty on the non-member if they fail to do so. Furthermore, HOAs cannot require non-members to pay dues or other fees. In summary, HOAs in Texas can extend their authority to non-members to some degree, but they cannot impose fines or penalties on non-members. Furthermore, they must refrain from charging non-members any form of fee.

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Can HOA rules be enforced against non-members?

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