Big news in TEXAS this week!

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I just worry that my town will add some kind of restrictions as far as how many feet it can be from your neighbors because I think they will be able to have some kind of restrictions within reason they say. I can understand not letting us have roosters but if they try to put so many feet away from a neighboring house that's very hard to do when you're in a subdivision and the houses are close together
 
Thanks NTW, and you are right on many points. And Porkchoptx I'm glad to hear that you are not battling an HOA. We Re in the process of finding another place to live that does not have restrictions. All the realtors we have talked to said the majoryof their customers are looking for the same.
So for those in the same boat here is my experience. We tried to get the DCCR's changed, had a group that rewrote them all set. Good luck getting a majority to vote! It won't pass if a majority (different covenants have different percentages) but still a majority and people did not vote period! So that is the kind of people you are stuck with. Our only hope right now is that we talked to our closest neighbors and told them we were thinking about getting chickens and they said they didn't care if we did just give them some eggs now and then. Granted that was at a party last Christmas so we just hope they remember. :rolleyes:
 
More people seem to vote (and go to more trouble to vote!) for their choice of American Idol than vote for US President. ‍♀️ :confused: Sadly, GG, I am not surprised by your experience. You can bet those same folks would DEMAND you share your eggs and possibly expect to eat your hens if shtf and they couldn't order pizza. I got no use for those kind of people. :smack

Hopefully this idea of knowing where your food comes from and being self sufficient to some degree will continue gaining traction, as it does seem to be getting more mainstream now. I guess all we can do is educate others, encourage change, and set a good example. :thumbsup
 
In all the research I have done, according to Texas Law, a HOA cannot override Federal, State, County, or Local Municipal law. I am presently searching for an attorney to inquire about this, as I want a firm answer. I will keep you posted.
 
ChickenManny I can save you the trouble, I've said it several times before. I have talked to lawyers, we have had lawyers come and talk to our Advocacy group we got togeather to oust the lad board and the folks that sued the board over chickens and outbuildings were told by their lawyers that State Law trumps everything!
As far as SB 1620 goes I want to get the real definition of "a political subdivision" as stated in the first article of the bill. It then goes on to say "municipalities"
 
Found this after thinking about HOA vs state and federal laws and constitutionality. https://pvtgov.wordpress.com/2012/1...ould-and-must-be-made-political-subdivisions/
Now it makes sense to me why HOAs weren't mentioned in the proposed bill. I knew they were something of a dimly lit area from a legal standpoint, but I didn't know it was so dark in there! They still haven't been well defined legally. Pretty much not defined at All! If you can make a case, and find a constitutional law attorney to push forward, or have deep pockets, you might overturn HOA rules in your favor. It might even set a new precedent. Or getHOAs defined, finally.
I'll keep looking around to see what I find.
 
From Wikipedia under "Homeowner association":

Association managementEdit
Many homeowners associations hire management companies to handle the governing duties of the association. Management services are typically divided into three categories: financial only, full management, and on-site management. Financial services typically cover administration of bank accounts, bookkeeping, assessment collection, and the HOA's budget. Full management typically includes the financial services plus help with board meetings (keeping minutes, agendas, etc.), board elections, and maintenance duties (obtaining contractor bids, etc.). On-site management typically includes all of the full management services plus direct assistance to homeowners with an assigned manager to the HOA. Education requirements for managers varies from state to state, with some requiring certification under all circumstances and others having a more lenient approach. For instance, while California does not require HOA managers to be certified, it does require that managers meet certain educational requirements to claim certification.[15]

PowersEdit
Associations provide services, regulate activities within a development, levy assessments, and may, if authorized by CC&Rs or a state legislature, impose fines. Unlike a municipal (public) government, they are not deemed "state actors" subject to constitutional constraints.[16] A homeowners association can enforce its actions through the threat and levying of fines and private legal or equitable actions seeking damages, foreclosure or injunction, under civil law[citation needed]. Homeowners have the ability to defend against such actions, and are usually entitled to sue associations for contractual or statutory violations, or for a legal determination as to the enforceability of a provision in the CC&Rs corporate documents or board-enacted rule. However, they cannot sue for civil rights violations under 42 U.S.C. 1983 because associations are private corporations and not public governments.

Association boards may appoint corporate officers or officers may be elected directly by the membership (depending on the jurisdiction). The officers and the board may create committees, such as an "architectural control committee", a pool committee, a neighborhood watch committee, and others, as authorized by the CC&Rs or state statutes.
 
Be careful about what you choose to believe when reading on the internet.
Any uneducated person can say what ever they want when ever they want about what ever they want online.
Not so much the same as reading material from a book.
 

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