This 2021 Texas HOA Law Legislative Update Report provides brief descriptions of the most significant changes in Texas HOA law passed by the 2021 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. This provision takes effect on September 1, 2021. Open Meeting laws may also be referred to as Sunshine Laws, meaning that the business of the board is to be conducted 'in the sunshine,' or in the open, and the public may attend. A notice of board meeting must include an agenda of items to be discussed or acted upon by the board at the meeting. You'll get an email when a new article is posted. Can Members of Texas Homeowners Associations Remove Board Members? Redemption of a Unit Foreclosed by a Condominium Association, 7.15 The Federal Fair Debt Collection Practices Act and the Texas Debt Collection Practices Act, 7.15.1 Application of the Federal Fair Debt Collection Practices Act, 7.15.2 Application of the Texas Debt Collection Practices Act, 7.16 Filing of Bankruptcy by a Homeowner, 7.16.2 Automatic Stay Against Further Collection Efforts, 7.16.3 Pre-Petition and Post-Petition Debt, 7.16.6 Discharge of Debt Owed to a Homeowners Association and Payment of Claims, 8.2 Establishment of an Architectural Committee, 8.3 Promulgation of Architectural Guidelines, 8.4 Architectural Review by an Architectural Committee, 8.5 Time Period for Approving or Denying a Proposed Construction Project, 8.6 Authority of an Architectural Committee to Grant a Variance, 8.7 Limitations on an Architectural Committees Architectural Control Authority, 8.8 Challenge of an Architectural Committees Determination, CHAPTER 9 ENFORCEMENT OF RESTRICTIVE COVENANTS, 9.2 Interpretation of Restrictive Covenants, 9.3 Parties Who May Enforce Restrictive Covenants, 9.4 Procedural Due Process Requirements for Enforcement of Restrictive Covenants, 9.4.1 Procedural Due Process Requirements for Enforcement of Restrictive Covenants by a Subdivision Association under Chapter 209, 9.4.2 Procedural Due Process Requirements for Enforcement of Restrictive Covenants by a Condominium Association under the Texas Uniform Condominium Act, 9.5 Enforcement of Restrictive Covenants by Non-Judicial Procedures: Self-Help Remedies and Assessment of Fines, 9.5.1 Remediation of a Restrictive Covenant Violation by Exercise of Self-Help Remedies, 9.5.2 Assessment of Fines Against a Homeowner for Violation of a Restrictive Covenant, 9.6 Enforcement of Restrictive Covenants by Judicial Proceeding, 9.7 Affirmative Defenses to Judicial Enforcement of Restrictive Covenants: Statute of Limitations and Abandonment and Waiver, 9.8 Reimbursement of Attorneys Fees Incurred in Restrictive Covenant Enforcement, 9.8.1 Contractual Authority for Recovery of Attorneys Fees Incurred in Restrictive Covenant Enforcement, 9.8.2 Statutory Authority for Recovery of Attorneys Fees Incurred in Restrictive Covenant Enforcement, 9.8.3 Collection of Attorneys Fees Incurred by a Homeowners Association in Restrictive Covenant Enforcement, 9.8.4 Procedural Due Process Requirements for Texas Subdivision Associations to Recover Attorneys Fees Incurred in Restrictive Covenant Enforcement, CHAPTER 10 FEDERAL AND STATE LAWS WHICH LIMIT OR RESTRICT THE ENFORCEMENT OF RESTRICTIVE COVENANTS, 10.1 The Federal and Texas Fair Housing Acts, 10.1.1 Discrimination on the Basis of Familial Status, 10.1.2 Discrimination on the Basis of a Persons Handicap, 10.1.3 Investigation and Enforcement of an Alleged Fair Housing Act Violation, 10.2 Americans with Disabilities Act, 10.3 The Federal Communications Commissions Over-the-Air Reception Devices Rule (OTARD Rule), 10.3.1 Scope of Antennas Protected by the OTARD Rule, 10.3.3 Waiver of the OTARD Rule and Petition for Determination by the Federal Communications Commission, 10.4 Freedom to Display the American Flag Act, 10.5 Texas Community Homes for Disabled Persons Location Act, 10.6 Protection of Solid-Waste Composting, Rain Harvesting, and Irrigation Systems under Section 202.007 of the Texas Property Code, 10.6.1 Permissible Regulation of Composting Devices, 10.6.2 Permissible Regulation of Rain Barrels and Rain Harvesting Systems, 10.6.3. Those actions are as follows: 1) Fines; 2) Damage assessments; 3) Initiation of foreclosure actions; Senate Bill 1588 modifies Section 209.004 of the Texas Property Code, which governs the filing of a management certificate by a property owners association that administers a subdivision development. At the Board meeting, the Board may discuss and/or take formal action concerning the following matters: Discuss and potentially take action on the following: QUESTIONS OR COMMENTS FROM HOMEOWNERS IN ATTENDANCE. The Texas Open Meetings Act ("OMA"), hapter 551 of the Texas Government ode, requires governmental bodies, including school boards, to provide advance written notice to the public of all its meetings. As amended, the written notice must provide property owners with 45 days (instead of 30 days) to cure a delinquent account before further collection action may be taken by the property owners association. Homeowners Contractual Right to Enforce Restrictive Covenants, 12.5.2. The Texas Open Meetings Act Made Easy . Remain objective and exclude unrelated conversations, irrelevant commentary, or details from discussions that don't lead to a conclusion or decision in minutes. The Texas Legislature gives us a number of actions that the board may not take without formal notice of the meeting to the members of the community. This section describes methods of voting and the use of absentee ballots. These sessions are rare and reserved for those times when an immediate action or . NOTICE OF BOARD OF DIRECTORS MEETING January 5, 2022 Please be advised that the Board of Directors ("the Board") for Lands' End Homeowners Association (the "Association") intends to conduct a regular Board meeting at 3 pm on Wednesday, January 5, 2022, at The Sporting Club At Lands' End Clubhouse located at 285 PR 5980, Yantis, TX 75497 . Can I bring a lawyer? A board meeting notice should include the time, date, location, and general subject matter of the open session and executive session. The requirements under this section go into effect on September 1, 2021. Notice of member meetings must be provided to all members ten to fifty days in advance. Notice of Board Meetings. Notice of executive sessions is also required and should identify the specific paragraph(s) of the statute that allows the board to meet in executive sessions. Date: September 1, 2011. Texas Super Lawyers Selects Jacob D. Thomas for 2015 Rising Stars, Matthew Duke Joins SWBs Transactional Business Practice, SWB Assists Real Estate Clients in Current Economy. Zindia Thomas . At the Links, youll find 18 exciting holes that meander through the neighborhood and onto a long peninsula extending out into Lake Fork, with 11 holes located right along the shoreline. It also permits associations to allow their members to vote by secret ballot. Home / HOA Law / Open Board Meetings Under the Texas HOA Laws: Just How Open Are They? Sec. Lot Owners Common Law Right to Enforce Restrictive Covenants, 12.5.3. was called must be . Typically, board meetings require less notice of as little as 7 days to at most 30 days prior. It will give peace of mind to both board members and community members and can ensure that the board will not get into legal trouble down the road. A period of time (15 minutes) will be set aside to accommodate questions and comments from Homeowners in attendance. Others including vendors when discussing contracts. Account records of current owners must be kept on file for 5 years. Wikihow is also a good resource for more background on how to create your own . Code 4930(d)): Section 209.004 of the Texas Property Code requires the management certificate to contain certain information. In Texas, notice for both regular and special board meetings needs to be emailed to homeowners and posted (online or conspicuously in the community) at least 72 hours before the beginning of the meeting. These documents can be quite substantial. In short, you can only make some decisions in a meeting. May a quorum of a governing body serve on an appointed board or commission? HOA rules, often known as covenants, conditions, and restrictions (CC&Rs), can be hundreds of pages long. Copyright 2021, Gregory S. Cagle. There are identical provisions for the protection of security measures incorporated in Senate Bill 1588. If not, keep in mind that solicitations for candidates should be sent in plenty of time for homeowners to respond to the call for candidates, for candidate names to be listed on the absentee ballot, and for their biographies to be sent to the membership. Will My Children Inherit My iTunes Library? And slipping HOA rules in under the cover of darkness is a big no-no. Simple Texas HOA Board Meeting Rules Serving on a homeowners association (HOA) board comes with a variety of challenges, but getting the most out of your board meetings doesn't have to be one of them. Providing the membership with notice of the annual meeting is another topic addressed in NC HB 320. Such new and modified statutory laws are summarized as follows: HOUSE BILL 1659 Reduced Application of Declaration Amendment Procedures under Chapter 209. ), AB-648 (Valencia) Common interest developments: procedures: meetings by teleconference. Please note that each state has different requirements for how meetings should be noticed and that your association might have additional rules that you will need to follow when holding meetings. Code 209.0056. . Please allow a few minutes for this process to complete. Members in question and their witnesses. Everything else is fair game for a regular or special meeting. The board can give the association's members notice in one of two ways: With the exception of discussions regarding confidential topics that can be discussed in closed executive sessions (please see Section 209.0051(c) of the Texas Property Code for a list of these topics), regular and special board meetings of property owners' associations must be open to the members. Members of a property owners' association must be given notice of board meetings containing the date, time, location, and subject of the meeting. Additionally, this section includes a list of items upon which an association may not vote without first providing notice to members. Pursuant to such amendment, Section 202.018 now prohibits the adoption or enforcement of a restriction that would restrict an owner or resident from displaying a religious item anywhere on the owners or residents dwelling or property. The minimum notice has to be 48 hours." You can be creative as long as you meet those requirements. This document informs the members about the venue, date, time, and agenda of the meeting. Please note: before the regular board meeting? The Open Meeting Act Made Easy is a handbook in a question and answer format that covers the most frequently asked questions about the Texas Open Meetings Act ("the Act"). SB 1588 caps the fee at $375. This provision takes effect on September 1, 2021. . Please be advised that the Board of Directors (the Board) for Lands End Homeowners Association (the Association) intends to conduct a regular Board meeting at 3 pm on Wednesday, January 5, 2022, at The Sporting Club At Lands End Clubhouse located at285 PR 5980, Yantis, TX 75497. The notice can be given in several ways. February 28, 2023. Then they'll come back in 10 minutes. Tex. SENATE BILL 318 Production and Keeping of Books and Records by Condominium Associations. Managing election season usually comes as a challenge for HOA boards. This subsection lists the topics that may be discussed in closed executive sessions. If a quorum cannot be obtained, the chair calls the meeting to order, announces the absence of a quorum, and entertains a . Can an HOA board hold a closed executive sessions for planning ect Section 209.00505 also restricts members of the property owners associations board of directors, and their spouses and household members, for serving on the architectural committee. Civil Code Section 4920. According to Arizona law, an annual meeting notice should be sent by U.S. mail (or hand delivery) at least 10 days but not more than 50 days before the annual meeting. Why are HOA board meetings important? While each state has its own laws, at the federal level, open meeting laws culminated in . Due to the size and scope of Senate Bill 1588, it shall be summarized in separate sub-parts by topic. Board Meeting ; Most HOAs consider a board meeting to be the most common. If an item needs to be added to the agenda after it was posted, it can be added as follows (Civ. Typically, an HOA is run by a governing board, elected by the HOA members. A violation form (which can be found be obtained by CMS Compliance Department or your website) must be completed, and should reference the section of the governing documents . Although there were a significant number of bills filed that could have had a dramatic effect on the laws governing Texas homeowners associations, only a few bills were ultimately enacted by the 2021 Texas Legislature. This law will only apply if a property owners' association has been incorporated as a nonprofit corporation. However, there are some guidelines that are generally standard in most communities, including: Architectural controls Lawn and holiday decoration restrictions Home maintenance standards Noise complaint policies Home occupancy limits Copyright by the Texas State Law Library. This provision takes effect on September 1, 2021. Any method for delivery of an individual notice pursuant to, Inclusion in a billing statement, newsletter, or other document that is delivered by one of the methods provided in this section. (, Posting the printed document in a prominent location that is accessible to all members, if the location has been designated for the posting of general notices by the association in the, If the association broadcasts television programming for the purposes of distributing information on association business to its members, by inclusion in the programming. (. However, there are two changes, of major import, to the law governing board action taken outside of a meeting. This means that if it's 3:00 p.m. on Monday, and your board wants to send a notice for a meeting at 2:00 p.m. on Thursday, it's too late. The notice of Board Meeting refers to a document that is sent to all directors of the company. 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