Q: My POA has a new restriction for board and committee members to be listed on the deed of the property to be eligible.
My partner lives on the property with me but is not on the deed. He is no longer able to serve on his committee. I believe this was done deliberately to exclude him. Is this legal in Texas?
A:
The HOA is usually granted a wide-range of authority as part of its existence. The rule change of which you are speaking, by itself, is probably lawful. As long as a HOA rule change is done by the By-Laws, and not for a nefarious reason, or as part of some discrimination, it is OK.
There are some HOAs, that operate in a sloppy or questionable manner. The rules must be followed for the same to be enforced.
I hope this helps.
Good Luck!
Peter J. Weinman agrees with this answer
A: From my NY perspective, assuming you meant HOA (not POA), if your home belongs to an HOA, the rules of the HOA are the "law of the land" and it's not a question of "legality" in Texas. A restriction that only homeowners can serve on the Board or its committees is not unusual, and if the new restriction was properly voted on and approved, according to the HOA rules, it's "legal."
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