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Texas Property Code Statutes. Such new statutory procedure now authorizes a declaration for a mixed-use real estate development to be amended by a vote of a majority of the total votes allocated to property owners in the mixed-use real estate development entitled to vote on the declaration amendment. Other than changing the location of the statute from the Texas Property Code to the Texas Election Code, there were no other substantive modifications to the statute. I recommend it highly for any HOA Board member or any member of a HOA who want to understand HOA Law. It will go into effect September 1, 2019. The following is a brief description of such new statutory laws. Although a number of bills were filed that could have had a dramatic effect on the laws governing Texas Homeowners Associations, only a few bills were ultimately enacted by the 2019 Texas Legislature. House Bill 234 adds Section 202.020 to the Texas Property Code, which prohibits a property owners association that administers a subdivision development from enforcing any restrictive covenant that would restrict a child under the age of 18 from occasionally operating a lemonade stand (or a stand that sells other non-alcoholic beverages) on real property located in the subdivision development, provided the child has the permission of the owner of such real property. It goes into effect September 1, 2019. This has been signed by the governor and goes into effect on September 1, 2019. Organized by topic and written in plain English, Texas Homeowners Association Law provides a straightforward explanation of the rights, duties, and responsibilities of Texas Homeowners Associations and homeowners, and the answers to the most common questions that arise in association-governed communities in Texas, including: Revised and updated, the Third Edition of Texas Homeowners Association Law incorporates all of the pertinent new laws enacted through the 2015 Texas legislative session and includes more than twenty-five sample forms for use by Texas Homeowners Associations and homeowners. 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. There are two components to this bill: HB 347 abolishes the Tier 1 and Tier 2 designations and creates an annexation process that requires the consent from land owners in the affected area(s) by either vote or petition. It will go into effect September 1, 2019. For more information you can watch the video below or go to www.TexasHOAManager.com. (This would not impact any board members already elected; they could serve the remainder of their term. This bill has passed and was signed by the governor on June 14, 2019. House Bill 2569 amends Section 82.059 of the Texas Property Code, which governs the requirements of a condominium declaration. I would recommend every homeowner association in Texas to keep it on file.”, 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. It goes into effect on September 1, 2019; however, the cohabitation component went into effect immediately. Prop. 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. However, upon expiration of their respective terms, both could not seek reelection.). This guide was drafted to help homeowners understand how the state and federal laws affect homeowners’ associations, condominiums, cooperatives, and non-profit corporations. House Bill 1025 amends Section 209.00591 of the Texas Property Code, which governs membership on a Board of Directors for a property owners association that administers a subdivision development. Chapter 5: Texas Statutes pertaining to buying and selling of property. “I became a board member of our HOA and put this book to use immediately. These bills did not pass, but this is not to say that we won’t see them again. The law change allows an owner, a guest of an owner, or tenant of an owner who is a licensed handgun owner to carry the weapon en route from the parking lot to the unit, or from the unit to the parking lot, to carry or store the handgun in the unit, carry or store the handgun in the license holder’s vehicle, or to carry the handgun en route to or from the unit to another location. Absolute necessity for rural HOA”s in unincorporated areas.”, “As a Board Member, it makes understanding a multitude of issues easy. 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. Code Ann. Home or Property Owners' Association FAQs. 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. Thank you for your continued partnership. 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. We’ll be sure to keep you apprised of any future developments. TEXAS HOA MANAGER This law also specifically states that the HOA would not be liable if any injury were to occur as a result of these sales. Homeowners’ Guide to HOA laws In Texas . 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. © Copyright 2019, Gregory S. Cagle. HOUSE BILL 234 – Protection of Lemonade Stands (applies to Subdivision Associations only). Chapter 82: Uniform Condominium Act –> Link . Such new rule, however, does not apply to a property owners association that governs a subdivision development with fewer than 10 residences or to a person who lives at the same primary residence with a developer of a subdivision development during the developer control period. 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. SENATE BILL 1845 – Declaration Amendment Procedures for “Mixed-Use Real Estate Developments (applies to Mixed-Used Real Estate Developments only). House Bill 2554 also recodifies Section 202.009 of the Texas Property Code (which imposes restrictions against the enforcement of restrictive covenants that prohibit the display of political signs) as Section 259.002 of the Texas Election Code. It goes into effect September 1, 2019. Texas Property Code Statutes. Although a number of bills were filed that could have had a dramatic effect on the laws governing Texas Homeowners Associations, only a few bills were ultimately enacted by the 2019 Texas Legislature that apply to Texas Homeowners Associations, including Homeowners Associations that administer condominium developments (generally referred to as “Condominium Associations”) and Homeowners Associations that administer subdivision developments (generally referred to as “Subdivision Associations”). 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. House Bill 2554 adds a new Chapter 259 to the Texas Election Code, which now governs the placement and display of political signs. At the beginning of the session, there were bills related to fine regulation, limitation of declarant rights, short term rentals, religious displays, and chickens. Below, we’ll discuss each bill that made it through the process this session: This adds a section to Property Code 202.020 that prohibits an association from enforcing a provision that prohibits, restricts, or has the effect of prohibiting or restricting a person who is otherwise authorized to legally possess, transport, discharge, or store a firearm or any part of a firearm or ammunition. More specifically, Section 82.121 provides that unless possession of a firearm or ammunition on condominium property is prohibited by state or federal law, a condominium association cannot restrict a unit owner, or his or her tenant or guest, from lawfully possessing, carrying, transporting, or storing a firearm or ammunition in the unit owner’s unit; in a vehicle located in a common element parking area; or in any other common element area as necessary to enter or exit the condominium, enter or exit the unit owner’s unit; or enter or exit a vehicle parked on the common element parking area. Although a number of bills were filed that could have had a dramatic effect on the laws governing Texas Homeowners Associations, only a few bills were ultimately enacted by the 2019 Texas Legislature that apply to Texas Homeowners Associations, including Homeowners Associations that administer condominium developments (generally referred to as “Condominium Associations”) and Homeowners Associations that administer subdivision developments (generally referred to as “Subdivision Associations”). Great for homeowners’ association protocol. The first and only legal compliance software for Texas HOAs. If you have trouble wading through the Law, you need this book. It makes the Law understandable.”, “Very concise and extremely inclusive. © 2020 Spectrum Association Management, Inc. All Rights Reserved |, How Recent Coronavirus Legislation Benefits HOA Members, Ensuring FDIC Coverage for Your HOA Community. This bill has been signed and was put into effect immediately. HOA LAWS AND REGULATIONS. 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).

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