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Frequently asked

What happens if I buy a home and later disagree with an HOA rule?

By Todd SpencerFrom: HOA Communities in New Braunfels: What Buyers Need to KnowLast updated:

Quick answer

When you purchase a home in an HOA community, you agree to be bound by the existing governing documents — whether you read them or not. That said, rules can be changed through the amendment process defined in the bylaws, which typically requires a supermajority vote of homeowners. Getting involved in your HOA board or attending annual meetings is the legitimate path to influencing how the community is governed. Todd's advice to every HOA buyer: read the documents before you close, not after you've already moved in and discovered something you can't live with.

Related questions

Are HOA fees tax-deductible for homeowners in New Braunfels?

Generally, no — HOA fees on a primary residence are not deductible for federal income tax purposes. However, if you use part of your home for a qualifying home office, a proportional share of HOA fees may be deductible as a business expense. If the property is an investment or rental property, HOA fees are deductible as an ordinary business expense against rental income. As always, consult a CPA for guidance specific to your situation — this is an area where individual circumstances matter a lot.

Can an HOA in Texas actually foreclose on my home?

Yes, and this surprises many buyers. Texas law allows HOAs to file liens for unpaid assessments, and those liens can lead to foreclosure. The rules differ between condominium associations and single-family HOAs — condo associations have broader foreclosure authority. For single-family communities, the process requires a court judgment for smaller amounts, but the risk is real. The practical takeaway: HOA dues are not optional obligations, and buyers who are stretching their budget should factor dues into their monthly payment calculation from day one.

How do I find out if a specific New Braunfels community allows short-term rentals?

The answer exists in the community's CC&Rs, which are public record filed with Comal County — you can request them from the title company, the HOA management company, or in some cases search the Comal County Appraisal District or county clerk records online. Todd strongly recommends having this question answered in writing, not based on what a neighbor or the seller tells you verbally. City of New Braunfels STR ordinances are a separate layer — even if the HOA allows it, the city may require a permit and impose occupancy rules. Both must be verified independently.

What is the option period, and can I use it to back out over HOA documents?

In Texas, the option period is a negotiated window — typically 5 to 10 days in the current market — during which the buyer can terminate the contract for any reason and receive the earnest money back, minus the option fee. HOA document review should happen during the option period. If the resale certificate reveals a severely underfunded reserve, a pending special assessment, or CC&Rs that conflict with how you intend to use the property, the option period is your exit ramp. This is why Todd advises buyers to request HOA documents as early as possible — ideally during due diligence before the option period even begins.

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