What is an HOA Architectural Review Authority?
Section 209.00505 of the Texas Property Code pertains to the architectural review authority of property owners’ associations, which is the governing authority responsible for reviewing and approving improvements within a subdivision. It applies only to property owners’ associations consisting of more than 40 lots and does not apply during a development period or when the declarant has the ability to appoint or control a majority of the architectural review authority or has the right to veto or modify its decisions.
Under this section, certain individuals are prohibited from serving on the architectural review authority, including current board members, their spouses, and those living in their households. If an owner’s application or request for construction of improvements within the subdivision is denied by the architectural review authority, the owner has the right to appeal the decision to the board. The owner must be notified of the denial in writing by certified mail, hand delivery, or electronic delivery and must be provided with the basis for the denial and any changes required for approval. The owner has the right to request a hearing before the board within 30 days of receiving the notice of denial.
During the hearing, both the board and the owner or their designated representatives will have the opportunity to discuss and resolve the denial and any required changes. The board may affirm, modify, or reverse the decision of the architectural review authority, as long as it is consistent with the subdivision
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