New Texas HOA Legislation

Started by MichaelK11 • 7 replies • 2845 views

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MichaelK11 (Texas)
Posts: 432

Posted:

Our HOA is looking into compliance and adaptation to new TX legislation concerning HOAs.

(I say adaptation, because the new laws appear to make it advisable to set forth certain "policies" without requiring these policies be enacted.)

Has anyone here looked into this? Has there been any discussion so far on actions that Texas HOA's should take in light of this new legislation? (I have looked for this, but only found a recent mention of the new laws from yesterday and no discussion of what we should do about it. I'm sure others have also discussed the inadequacy of the HOAtalk Forum Search function . . . .)

Thanks in advance for help.

TimB4 (Tennessee)
Posts: 21,059

Posted:

As the laws get published, there will be more discussion.

Here is some info from Vicki that was on another thread which may help:

Quote:

Posted By VickiC1 on 09/20/2011 9:25 PM
The Tx legislature passed laws in special summer session in July effecting how HOA Boards can conduct business--
some take effect Nov of this year--some not until Jan of 2012

one of them was to mandate that all HOA Board meetings are open to the public/the members...
I think under the law HOA members can speak to the Board--but not necessarily that they can propose motions and sponsor business or overrule Board actions by voting unless the bylaws of the HOA make that possible
Ours does not--but our bylaws need to be rewritten--and that is something that can be taken care of in the revision

At the intial meeting of our new Board elected in August--an attorney came and spoke to them about the new HOA laws and how that would effect our Board's conduct...
we have had acrimonious activity in our HOA in past 3 months--with an illegal election, a promised then denied second election, and finally a third election...that is still a contested issues because of how it was conducted...
There were police officers at the voting site to ensure that no one questioned the way the then-president orchestrated the voting/vote counting...
none of the people running for officer (except him) were allowed anywhere close to the tabulation table...
only the names of the winners were announced--no vote count--no vote register of who actually voted were offered as evidence...
There is certain faction of owners who are hell-bent on having their way and enforcing HOA rules like they want--vs open discussion
The former developer still owns 13 lots--and that makes a definite power play for an election

Anyway--
these are some linkes that might help you--
check out House Bill 2761 about open meetings -- and HOA records

http://www.hro.house.state.tx.us/pdf/ba82r/hb2761.pdf#navpanes=0

http://www.hro.house.state.tx.us/pdf/ba82r/hb1821.pdf#navpanes=0

http://www.hro.house.state.tx.us/pdf/ba82r/sb0472.pdf#navpanes=0

http://www.capitol.state.tx.us/tlodocs/82R/analysis/html/HB00232S.htm

just understand that YOUR HOA may not want to get the message about having to change practices--
in that case--they are WILLFULLY obstructing the new law--can't make them abide by it until November--though
but they should understand that if they don't open meetings, they probably can be sued personally...they lose their liability insurance since they are in direct violation of the law

MichaelK11 (Texas)
Posts: 432

Posted:

We were told by a lawyer that some of the new legislation gives homeowners great leeway and power unless an HOA issues clear, written policies and procedures.

For example, a homeowner might demand all records of the HOA for free at their convenience, unless the HOA has in place a policy as to when records could be produced in what volume at the requesting homeowner’s expense at what cost.

A homeowner can put up a flagpole of any size unless a policy is in place with some limits.

Similar with rain barrels, solar energy devices, windmills, religious displays, e tc.

An HOA must have a document retention policy or retain all documents forever.

An HOA must have a policy for payment plans.

An HOA must provide all these policies to its Members and post them on its web site (if it has one).

All rules and regulation, governing documents and dedicatory instruments must be filed with the County Clerk and posted on an Association/’s web site.

Voting by email or electronic ballot must be allowed.

An association must have a vote tabulation procedure and a Collection and Fining Policy; the latter in particular must be filed with the County Clerk.

An association must have a stated procedure for notifying Members of Board meetings.

I don’t know how much of this is accurate, current or final, but it looks like HOAs have a hefty burden to produce paperwork documenting new rules or be at the mercy of a "rogue" homeowner.

I'd like to see template policies offered on the web (maybe in this forum) to help HOAs do the minimum to comply and protect themselves. I cannot find anything on web sites of association service organizations, yet. Any help here?

TomW14 (Texas)
Posts: 10

Posted:

We bought copies of the new Texas Law and then applied the new law to some of our documents. Our process was based on the required law and we just made the changes to be compliant. We presented the updates at the annual meeting and DID NOT vote on them. We stated that we had to make the changes to be in compliance.

AmyL3 (Texas)
Posts: 1

Posted:

I haven't seen these new policies on my HOA website, nor have I received anything in print. Interesting.

TomW14 (Texas)
Posts: 10

Posted:

Does anyone have a process or template for allowing electronic voting. We are trying to put this in place to be in compliance with the new Texas HOA laws.

Any advise for putting this in place would be helpful. Thanks

MikeR15 (Massachusetts)
Posts: 389

Posted:

A rogue homeowner is someone who demands accountablity?

Who wants all the books and records to review for corruption and theft (rampant in these places)?

Who demands that he know exactly what the HOA can levy fines...that involve his property.....for?

Sounds like you should "move" if you don't like the law!

I hear Venezuala has a governance that can't be bothered with the law, you should try that.

TomW14 (Texas)
Posts: 10

Posted:

You can find the new laws online. We ordered the book. it was 34 dollars I think. It has a lot of really good information in it.

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