Midland County, TX HOA Rules: CC&R Enforcement (2026)

Article 9, Absentee HOA and Receivership, is built for what the Regulations call 'the extremely rare occurrence of a failed Home Owners Association,' and it gives Midland County a tool no city code enforcement department has: temporary control of the HOA board itself. 1 sets the trigger: if the HOA ceases to enforce the covenants, conditions, and restrictions, or fails to maintain infrastructure to the point that it creates a public nuisance or reasonable safety concern, the Commissioners Court may declare it an Absentee HOA.

2 has the Commissioners Court appoint a receiver to execute the HOA's duties, with the receiver's fees reimbursable to the county by the HOA itself, not paid out of county funds. 3 spells out what the receiver actually does: exercise the same powers as the HOA board, apply the CC&Rs, repair the infrastructure, and reestablish the HOA's proper function, meaning the receiver enforces the private covenants the failed board would not, rather than the county substituting its own code. 6, so there is no separate administrative appeal inside the county. 5 puts restatement of its authority at the Commissioners Court's sole discretion, triggered by the HOA's own request to remove the receiver.