El Paso, TX HOA Rules: Assessment & Dues (2026)
Key Facts
- Governing section
- El Paso City Code § 19.15.150(D)(7)
- Who must assess
- HOA/POA CCRs, mandatory on all lot owners
- Reviewed by
- City attorney at preliminary plat filing
- Consequence of no CCR approval
- Private-street exception denied
- City amendment role
- City is a necessary party to CCR changes
Summary
El Paso will not approve a subdivision built with private streets unless the developer's CCRs impose a mandatory assessment on every lot owner to fund perpetual street maintenance: this is a platting precondition under Title 19, not an optional HOA bylaw.
Maintenance: The developer shall provide for the establishment of a homeowners or property owners association, in covenants, conditions, and restrictions (CCRs), to assume the obligation of perpetual maintenance of private streets and other improvements held privately, including a mandatory assessment for such private streets and improvements to be placed on all property owners within the subdivision, allowance for city staff to inspect the streets to assure they are being maintained to city standards, hold harmless provisions as required in subsection 9, and providing for notice to the city attorney and city manager of any amendments to these relevant sections. The city shall be a necessary party for the amendment of any portions of the CCRs dealing with these requirements. The proposed CCRs shall be submitted for review by the city attorney at the time of filing the preliminary plat. The city attorney shall review the CCRs to ensure that the requirements of this section are met, and shall submit recommended changes to the developer, who shall incorporate such changes. Absence of city attorney approval of the CCRs shall require the denial of the exception for private streets.
Full Breakdown
150(D) sets the conditions a developer must meet to get that exception. 7, titled "Maintenance," requires the developer to set up a homeowners or property owners association through recorded covenants, conditions, and restrictions that obligate the association to perpetually maintain the private streets and other privately held improvements. Critically, the CCRs must include a mandatory assessment on all property owners within the subdivision to fund that maintenance: the city does not leave the assessment optional or subject to a later vote. The CCRs must also let city staff inspect the streets to confirm they meet city standards, carry hold-harmless provisions, and require notice to the city attorney and city manager of any amendment.
The city itself must be a necessary party to any amendment of the maintenance provisions, and the proposed CCRs go to the city attorney for review at preliminary plat filing; the city attorney can require changes, and the exception for private streets is denied outright if the city attorney never signs off. 8) for a property owners association to later petition the city to convert private streets to public ones by majority member vote.
Violations & Fines
There's no separate city fine schedule here: the enforcement point is upfront: the city plan commission and city attorney will not approve the private-street exception, and therefore will not approve the plat, unless the CCRs contain the mandatory assessment and maintenance language required by § 19.15.150(D)(7). If an HOA later fails to maintain required access (e.g., a malfunctioning gate), the city may enter the private-street subdivision, remove the barrier, bill the association for the cost, and file a lien against association property if the bill goes unpaid.
Frequently Asked Questions
Can an El Paso HOA skip charging a street-maintenance assessment?
Who enforces the CCR maintenance and assessment terms?
Can the HOA later remove the mandatory assessment from its CCRs?
What happens if the HOA doesn't maintain the private streets despite the assessment?
Sources & Official References
Other rules in El Paso
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