Fight for-profit companies imposing perpetual mandatory dues on Homeowners

Fight for-profit companies imposing perpetual mandatory dues on Homeowners

Started
April 6, 2025
Signatures: 39Next Goal: 50
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Why this petition matters

Started by N P

Texas is widely celebrated as an exceptional place to live and raise a family, and Texans take immense pride in their home state.

However, a concerning issue is emerging for many homeowners in Texas: private, for-profit country clubs are exploiting restrictive covenants to impose mandatory membership fees on homeowners within their developments. These fees are charged in addition to regular HOA dues, creating an undue financial burden.


This practice raises serious ethical concerns. These country clubs operate as profit-driven businesses rather than community-focused organizations, leaving homeowners vulnerable to decisions that prioritize revenue over neighborhood well-being.

Homeowners are forced to shoulder the costs of these commercial ventures without meaningful input or protections.


A glaring example of this predatory approach is the Twin Creeks Country Club in Cedar Park, Texas. Approximately 900 homeowners in the Twin Creeks subdivision are required to pay a "monthly community membership" fee under a restrictive covenant. This fee has skyrocketed from $113 per month in 2020 to $166 per month in 2025—an almost 50% increase that far outpaces inflation. Yet, homeowners have no control over the amenities or services provided for this fee.


The amenities offered by Twin Creeks Country Club are notably subpar compared to alternatives like the YMCA or Lifetime Fitness. Homeowners receive access to a pool and gym but are excluded from tennis courts and the club restaurant unless they upgrade to a more expensive social membership. Access to the golf course requires yet another costly membership tier.

To make matters worse, the pool is often rented out to non-resident swim teams, further limiting homeowner access, and guest privileges come with additional fees.


During the holiday season, the club automatically adds a "holiday fund" charge to homeowner accounts, requiring explicit action to opt out. Homeowners also face exorbitant transfer fees when selling their homes. Furthermore, Twin Creeks Country Club grants reciprocal access to members of other clubs owned by the same company and sells golf memberships to non-residents—diminishing exclusivity for subdivision homeowners.

Many residents report they were not adequately informed about these mandatory fees when purchasing their homes. The restrictive covenant was not clearly disclosed or highlighted during the home-buying process, leaving them blindsided by these obligations.


Adding insult to injury, Twin Creeks Country Club has amended its restrictive covenant without homeowner approval. Previously, revoking the covenant required agreement from 75% of homeowners; now, it also requires approval from the club itself—a move that effectively ensures perpetual mandatory fees. If homeowners fail to pay these fees, they risk liens against their property and even foreclosure.


This situation mirrors historical grievances over taxation without representation. Texas homeowners are being subjected to unjust financial demands by profit-driven country clubs that exploit restrictive covenants and undermine homeowner rights. It’s time for Texans to stand against these predatory practices and demand accountability for their communities.

What’s at Stake

  • Elderly homeowners in communities like Twin Creeks face a heartbreaking reality: mandatory fees imposed by for-profit country clubs may force them to sell homes they’ve cherished for decades.

  • These draconian financial obligations are not only unfair but threaten the stability of home-ownership and the residential real estate market in Texas.

  • If these restrictive covenants favoring profit-driven clubs are not deemed unconstitutional and illegal, the consequences will be far-reaching. Assuming a 7% annual increase in membership dues, homeowners could pay nearly $30,000 over 15 years or close to $50,000 over 30 years—amounts that represent a significant wealth transfer from Texans into the pockets of these clubs. Such practices resemble monopolistic behavior, restricting trade and violating homeowner protections under the Texas Property Code. This should alarm every law-abiding Texan.

  • Fortunately, Texas has already taken steps to address similar predatory practices. Under Texas statute 82.0675, mandatory fees in perpetuity were ruled illegal and unenforceable for condominium owners. In 2015, the Sunset Ridge condominium HOA in Twin Creeks successfully sued and won summary judgment against the same country club based on this statute, invalidating the restrictive covenant. It’s time to extend these protections to all Texas homeowners—not just condominium residents.

Texans must act decisively to ensure that home-ownership remains accessible and protected from predatory policies. Expanding legal safeguards to prohibit such mandatory fees statewide is essential to preserving fairness, stability, and the rights of homeowners across Texas.

Who We Are Targeting with This Petition
This petition is directed to Governor Greg Abbott, Attorney General Ken Paxton, and all Texas lawmakers.

We urge them to take decisive action to protect homeowners across Texas from the predatory practices of private, for-profit country clubs. Specifically, we ask them to:

  • Extend Protections to All Homeowners: Provide the same legal safeguards to all homeowners in Texas that condominium owners already receive under Section 82.0675 of the Texas Property Code.

  • Declare Some Restrictive Covenants Invalid: Pass legislation that ensures restrictive covenants requiring mandatory club memberships imposed by private, for-profit clubs (not affiliated with neighborhood HOAs) are classified as personal covenants that do not run with the land and cannot be enforced.

  • Prohibit Uncapped Transfer Fees: Enact laws declaring that any restrictive covenant requiring uncapped fees during the sale or transfer of a home is an unreasonable restraint on alienation and therefore unenforceable.

  • Protect Homestead Properties from Foreclosure: Clarify and document that the Texas Constitution prohibits foreclosure of homestead properties based on violations of personal covenants unrelated to the land or failure to pay fees not explicitly identified as lien obligations before the property became a homestead.

  • Limit Penalty Provisions: Confirm that enforcement and penalty provisions under Section 202 of the Texas Property Code do not apply to violations of bylaws, rules, or restrictive covenants imposed by private for-profit clubs on homeowners.

  • Invalidate Unfair Membership Fees: Ensure that restrictive covenants requiring mandatory membership fees—without mechanisms for homeowners to receive notice, control use of funds, or limit fee increases—are deemed invalid and unenforceable as monopolistic business practices and unfair restraints on trade, violating homeowner protections under the Texas Property Code.


By addressing these issues, Texas lawmakers can safeguard homeowners’ rights and prevent exploitation by profit-driven entities masquerading as community organizations. Texans deserve fair and transparent protections in their neighborhoods—this petition calls for urgent action to make that a reality.

How You Can Help
Join the Movement for Fair Homeowner Rights

  1. Sign the Petition: Add your voice to the growing list of supporters demanding change. By signing, you help build momentum for legislation that protects homeowners from predatory practices.
  2. Spread the Word: Share this petition with friends, family, and your social networks. Use platforms like Facebook and Twitter to reach a wider audience. Tag Governor Abbott, Attorney General Ken Paxton, and Texas legislators to ensure they hear your concerns.
  3. Raise Your Voice: Speak out in support of fairer homeowner rights. Your voice matters, and collective action can lead to meaningful change. Together, we can push for laws that safeguard homeowners from exploitation by private, for-profit clubs and ensure that all Texans have secure and equitable housing options.


 Thank you for your support! Let's make a difference together.

 

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Signatures: 39Next Goal: 50
Support now
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