Governance 103

Governance 103: Who Makes the Rules?

It’s one of the most common misconceptions in HOA life: “The Board just makes up rules.” In reality, every policy and restriction in The Silos follows a clear legal hierarchy that begins long before any Board vote.

1. The Hierarchy of Authority

Community governance is built like a pyramid — each level draws its power from the one above it.

  • Texas Property Code §§ 202 & 209: State law defining HOA powers, due-process rights, and notice requirements.
  • Recorded Covenants (Master Covenant & Declarations): Permanent restrictions recorded with Bexar County that create the Association and define its powers.
  • Bylaws / Community Manual: Establish the Association’s operating structure — Board composition, meetings, and elections.
  • Policies & Rules adopted by the Board: Everyday regulations (like pool or parking rules) within the limits of higher documents.

2. What the Board Can and Cannot Do

  • Can: Adopt rules that interpret existing covenants — e.g., defining “overnight parking” or pool hours.
  • Cannot: Create restrictions that conflict with or exceed the recorded covenants or state law.
  • Must: Adopt new rules in open session and provide member notice before enforcement (Texas Property Code § 209.00505).

3. Why Rules Exist

Rules translate broad covenants into practical, consistent standards that protect property values and fairness. Without them, enforcement would be uneven and subjective.

4. How Rules Are Adopted at The Silos

  1. The Board identifies a need (e.g., parking overflow near amenities).
  2. Draft language is reviewed for legal compliance and shared for homeowner feedback.
  3. The Board votes in an open meeting.
  4. Approved rules are distributed to all members and added to the Community Manual.

5. The Bottom Line

The Board doesn’t invent authority — it exercises authority granted by the community’s founding documents and Texas law. Understanding this chain of command keeps discussions grounded in facts rather than frustration.