Texas Court Says HOA Lacked Authority to Compel Owners to Use a Trash Service Provider Chosen by the Board of Directors
The case involved a dispute over whether a homeowners association (“Association”) had the authority to compel owners and residents within the common interest community to use and pay for a particular waste and recycling collection provider selected by Association’s Board of Directors. Based on a provision in Association’s CC&Rs, since its inception in 1998, Association has required the individual owners and residents of the community to acquire and pay for their own garbage collection and disposal services. The provision contained in Association’s CC&Rs stated: “All refuse garbage and trash shall be collected or disposed of by Owner, at his expense.”
Texas Appellate Court decision (July 26, 2017).