Neighbors at Rolgam Place in Houston’s Third Ward say their HOA hasn’t been using their dues wisely.
Chron
HOA experts scaution that not every visible issue automatically falls under HOA responsibility. For example, the sewer crack line would need to be corrected by the utility company.
Ahmed Humble (Chron)
A damaged and leaning fence at a South Union condominium community, which residents say has gone unrepaired despite repeated requests to HOA management.
Ahmed Humble (Chron)
A cracked section of pavement sits inside the gates of a townhouse-style condominium community in South Union—an issue residents say has gone unrepaired for months.
At Rolgam Place in Houston’s Third Ward, homeowners say problems like that reflect a larger concern: whether their HOA is using their fees appropriately and being transparent about where that money is going.
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One resident, who asked to be identified only as Kay, messaged Chron after seeing a call for experiences as part of the “Behind Closed Doors” series on Houston housing issues. Kay, who has lived in the community for more than a decade and previously served on the HOA board, said she and her neighbors do not necessarily oppose paying annual dues; they want clearer answers about how their money is being spent and whether maintenance is being prioritized.
“It’s not that I don’t want to pay for things, but I want to pay for something and know that I’m getting results,” she said. “When we’ve asked where the money has gone, they can’t tell us.”
Weathered fencing lines part of the property at Rolgam Place in Houston’s Third Ward.
Ahmed Humble (Chron)
Kay said she currently pays about $465 per month for HOA fees, internet and cable, which is up $300 from the previous year. HOA records show a $350 monthly assessment. Kay said homeowners also were charged a one-time assessment of about $1,900 in addition to the monthly increase.
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The HOA, through its legal counsel, said the situation is more complex.
In a written response to Chron, attorney Shannon Lang, said assessments at Rolgam Place have stayed relatively low despite rising costs.
“Costs of managing the property have increased dramatically…while assessments have remained largely flat,” Lang said, pointing to insurance, water rates and inflation, but noted, “we find that too many homebuyers are not well informed about the costs of condominium ownership…and are understandably distressed when the real costs of homeownership reveal themselves.”
The most recent HOA meeting minutes available, from August 2025, show the association was facing financial strain. According to those minutes, the board was projecting a $45,300 deficit for 2026 and discussed “potential assessment increases and/or a special assessment.”
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A cracked section of pavement sits just inside the gates of a townhouse-style condominium community in Houston’s Third Ward.
Ahmed Humble (Chron)
Residents say problems like deteriorating fencing and damaged pavement have persisted, even as they continue paying HOA dues intended to cover maintenance and shared expenses. Chron observed cracked pavement near the entrance and sections of fencing that residents said had been a source of concern.
“This has been like this for over a year,” she said, referring to the cracked pavement near the entrance. “At night, if you’re not someone who knows how to navigate around it, it’s dangerous.”
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According to the Rolgam Place Declarations and Bylaws, the HOA is responsible for maintaining common elements, including “drives, driveways, sidewalks, outside walkways and portions of the Building not included within any Unit.” However, certain areas like “balcony, terrace or patio areas (including walls and fences, if any)” are listed as the owners’ responsibilities.
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Kay said that distinction has been central to their confusion. The fence behind her unit separates her property from a neighboring community. Residents on the other side installed temporary supports to keep the fence from falling onto their property, but those neighbors were later told by the HOA to stop making repairs.
Residents on the other side installed temporary supports to keep the fence from falling onto their property, but those neighbors were later told by the HOA to stop making repairs.
Ahmed Humble (Chron)
Kay added that parts of fencing directly attached to individual units have also been treated as homeowner responsibilities, even as residents say they have sought clarification on what the HOA is required to maintain.
For that reason, she and a group of residents in early March formally demanded a new board election and membership vote on an assessment increase, arguing both may have been handled improperly under the association’s governing documents.
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A letter sent by the group claims the bylaws require a three-member board to be elected at a properly noticed meeting with a quorum. It also alleges that any assessment increase above 10 percent requires approval from 67 percent of all homeowners.
Minutes from the August meeting show an open board seat was filled through an uncontested election, where the association said, “a vote is not needed, as the sole candidate is elected by acclamation.” A notice sent to homeowners ahead of the meeting invited residents to submit their names as candidates for the open board seat. According to association records, only one person responded, and the candidate was elected by acclamation, meaning no formal vote was required.
A section of deteriorating fencing near a patio area at Rolgam Place. Homeowners say concerns about maintenance and repairs have gone unaddressed.
Ahmed Humble (Chron)
The HOA, through its counsel, disputed the group’s claims. In a written response to residents, the board said the August 2025 annual meeting was properly noticed, that a quorum was present, and that the open board seat was uncontested, so the sole candidate was elected by acclamation. The board also said its governing documents authorize it to adopt the annual budget and levy additional assessments when needed, and that it followed the governing documents and Texas law in approving the 2026 budget, the $50 monthly increase and the $1,923.08 per-unit additional assessment.
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Marc Markel, a Houston attorney who represents homeowner and property owner associations, said disputes like these often arise when individuals misunderstand which issues are governed by an association’s rules versus state law.
“The association documents do not trump Texas law. Texas law trumps the documents,” Markel told Chron.
Differing expectations and decision-making between homeowners and associations can contribute to the issues as well.
“Most of the issues that associations deal with are truly neighbor-to-neighbor disputes, where communication would have resolved it to start with,” he said.
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Even still, Markel said homeowners generally have the right to review how association funds are allocated. However, not every visible issue automatically falls under HOA responsibility. For example, the cracked sewer line would depend on ownership and utility easements.
“A lot of confusion occurs when they don’t know what the responsibility of the association is versus somebody else,” Markel said. “A lot of times you’ve got to drill down and figure out whose issue it is. Is it a city water line? A city sewer? But it’s subject to an easement for a utility.”
Residents in a South Union community question how their fees are being used, while HOA leaders point to rising costs and communication challenges.
Ahmed Humble (Chron)
Kay said the biggest issue has been a lack of clear answers when concerns are raised.
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“They were like, ‘No, that’s your responsibility,’ I’m like, that doesn’t make any sense,” she said. “When we’ve asked where the money has gone, they can’t tell us and they stopped responding to my emails and my questions.”
The gap between those expectations and how HOAs operate is not unique to one neighborhood, Markel said. Instead, it’s where many disputes begin.
“At the end of the day, you really want to figure out whose responsibility is what, and the association can point you to a solution,” he concluded. “But when the association points you to it and says, ‘Hey, you need to call the County,’ the immediate response is, ‘What do I pay you for?'”
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