Common questions regarding the regulation of POAs from the Texas Secretary of State's website. Organized by topic and written in plain English, Creation and Scope of Homeowners Associations’ Authority and Powers, Procedural Requirements for Board and Membership Meetings, Assessment Collection and Assessment Lien Foreclosure, Architectural Review of Proposed Construction Projects, Restrictive Covenant Interpretation and Enforcement, Revised and updated, the Third Edition of. Federal Laws - In addition to state law regulations, the federal government has laws that govern the operation and management of common interest communities, condominiums, cooperatives, and residential properties in Texas.. Texas Condominium Act, Tex. HOA LAWS AND REGULATIONS. While this is not an HOA-specific piece of legislation, these rule changes are good to know for our clients residing outside of city limits. Copyright 2012 - 2020 Gregory S. Cagle | All Rights Reserved, Chapter 5.4 – Location of Membership Meetings, Chapter 9.6 – Enforcement of Restrictive Covenants by Judicial Proceeding, On May 27, 2019, the Texas Legislature concluded the 2019 legislative session. House Bill 302 adds Section 82.121 to the Texas Property Code, which restricts the ability of a condominium association to regulate the possession of firearms and/or ammunition on common element property. This guide was drafted to help homeowners understand how the state and federal laws affect homeowners’ associations, condominiums, cooperatives, and non-profit corporations. 2019 HOA Legislative Update. HB 302 Only counties with populations over 500,000 or those that petitioned with 10% to get it on a ballot and pass it were provided Tier 2 status that required owner consent for annexation. Very well written and separates condo HOAs from regular HOAs.
It is probably the best investment I could ever make in my new role. This bill passed and was signed by the governor on June 14, 2019.
I recommend it highly for any HOA Board member or any member of a HOA who want to understand HOA Law. However, this does not stop the HOA from prohibiting these types of sales on common areas, as the law requires the property owner’s permission; therefore, common area usage would require the HOA’s permission. Texas Property Code Statutes. This bill has passed and was signed by the governor on June 14, 2019. If you are interested in purchasing a home in Texas or are already living in an HOA, working with a Sugar Land real estate law firm can provide the answers needed to protect your legal rights and ensure the greatest degree of comfort in your home. Senate Bill 1969 adds Subchapter J to Chapter 22 of the Texas Business Organizations Code (also known as the “Nonprofit Corporation Law”), which establishes procedures for the ratification of void or voidable acts of a nonprofit corporation that are modeled on provisions of the Texas Business Organizations Code that applicable to for-profit corporations and similar provisions for ratification of corporate acts contained in the Model Nonprofit Corporation Act.
For purposes of new Chapter 214, a “Mixed-Use Real Estate Development” is very narrowly defined and must meet several criteria, including the development must contain at least 200 acres, but no more than 250 acres, of deed-restricted property composed of at least 10 separate tracts for which commercial properties constitute at least 70% of the total land area of the development and office properties constitute at least 50% of the total land area of the development.
Chapter 82: Uniform Condominium Act –> Link .
For example, if a community has five sections and five directors, they could designate that one director come from each section to represent the section. There have been several news articles in the state related to forced annexations, as Texas has used a tier system which allows rural areas adjacent to larger cities to be annexed into the city without consent. On May 27, 2019, the Texas Legislature concluded the 2019 legislative session. In addition, with more than 2,500 annotations and citations to Texas and Federal statutes and appellate court decisions, as well as a table of authorities and subject index to assist readers in quickly identifying applicable topics by key words or subject matter, October 14, 2014 - Five Star Amazon Review, January 18, 2013 - Five Star Amazon Review, September 8, 2014 - Five Star Amazon Review, December 21, 2014 - Five Star Amazon Review, August 17, 2013 - Five Star Amazon Review, November 3, 2013 - Five Star Amazon Review, February 11, 2011 - Five Star Barnes & Noble Review. It will go into effect September 1, 2019. If you want to view copies of the actual bills themselves or a brief summary of all such bills, please click on the appropriate pdf-link to the right. Section 209.00591 also now prohibits a person who lives at the same primary residence with a current Board member from also serving on the Board of Directors at the same time.
–> Link .
There are circumstances where annexation without consent can occur; however, this authority has been limited to very specific circumstances. TEXAS HOA MANAGER is a legal compliance software solution developed specifically for Texas Homeowners Associations that provides step-by-step instructions for performing all day-to-day management operations in compliance with Texas law, access to interactive forms that conform to Texas law …
§81.001, et seq. TEXAS HOA MANAGER The first and only legal compliance software for Texas HOAs. (This would not impact any board members already elected; they could serve the remainder of their term. House Bill 2569 amends Section 82.059 of the Texas Property Code, which governs the requirements of a condominium declaration. In addition, with more than 2,500 annotations and citations to Texas and Federal statutes and appellate court decisions, as well as a table of authorities and subject index to assist readers in quickly identifying applicable topics by key words or subject matter, Texas Homeowners Association Law is also an indispensable tool for property managers, realtors, and attorneys who work with association-governed communities in Texas.
HOUSE BILL 2554 – Political Signs (applies to Condominium Associations and Subdivision Associations).
The following is a brief description of such new statutory laws.
Senate Bill 1845 adds Chapter 214 to the Texas Property Code, which creates a new statutory procedure for amending dedicatory instruments applicable to non-residential “mixed-use real estate developments” located in the City of Houston. As amended, Section 209.00591 now permits a property owners association that governs a subdivision development comprised of multiple sections to specify Board positions that must be elected from a designated section of the subdivision development and to require each Board member representing a section to reside in that section. There are two components to this bill: The author of Texas Homeowners Association Law discusses the 2019 legislative session and its effects on homeowners association law. Chapter 5: Texas Statutes pertaining to buying and selling of property.–> Link . However, upon expiration of their respective terms, both could not seek reelection.). Thank you for your continued partnership.
It goes into effect September 1, 2019.
This 2019 Texas HOA Law Legislative Update report provides brief descriptions of the most significant changes in HOA law passed by the 2019 Texas Legislature, however, such brief descriptions are neither comprehensive, nor exhaustive of all changes in the laws that may apply directly or indirectly to a particular homeowners association.
© Copyright 2019, Gregory S. Cagle.
This bill has been signed and was put into effect immediately. This bill transfers Section 202.009 to Chapter 259 Election Code. These bills did not pass, but this is not to say that we won’t see them again. Senate Bill 741 adds Section 202.020 to the Texas Property Code, which provides that all Texas homeowners associations may not include or enforce a provision in a dedicatory instrument that prohibits, restricts, or has the effect of prohibiting or restricting any person who is otherwise authorized from: (1) lawfully possessing, transporting, or storing a firearm, any part of a firearm, or firearm ammunition; or (2) lawfully discharging a firearm. While there is a slight to change to the language, striking of the word “political” in front of “candidate” and striking “ballot item” and replacing it with “measure”, this does not effect any real changes based on the defined terms in Chapter 259.
HB 302 – Firearms & Ammunition in Common Elements (PDF), SB 741 – Possession and Discharge of Firearms (PDF), SB 1845 – Amendment of Mixed-Use Real Estate Development Declarations (PDF), SB 1969 – Ratification of Corporate Acts (PDF).
HOUSE BILL 302 – Possession and Transportation of Firearms and Ammunition in Common Elements (applies to Condominium Associations only). If you have trouble wading through the Law, you need this book.
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