This section requires written and signed ballots for some votes by property owners' associations. Notice of Meeting Requirements: Notice to Members Open Meetings. All rights reserved. February 28, 2023. Can an HOA board hold a closed executive sessions for planning ect CHAPTER 1 MASTER-PLANNED COMMUNITIES AND CONDOMINIUMS, 1.1 The Association-Governed Community Concept, 1.2 Common-Interest Developments in Texas, 1.3 Homeowners Associations in Texas, 1.4 Statutory Laws and Governing Documents that Apply to Texas Homeowners Associations and the Hierarchy of such Authorities, 1.4.1 Hierarchy of Public Law Applicable to Texas Homeowners Associations, 1.4.2 Hierarchy of Governing Documents Applicable to Texas Homeowners Associations, 1.4.3 Exceptions to the General Rules of Hierarchical Authority and other Rules Concerning the Application of Public Law and Governing Documents to Homeowners Associations, 1.5 Synonymous Terms of Art Applicable to Texas Homeowners Association and Use of Terms of Art in this Book, 1.5.1 Terms of Art Utilized in this Book in Reference to Homeowners Associations, 1.5.2 Terms of Art Utilized in this Book in Reference to Property Owners, 1.5.3 Terms of Art Utilized in this Book in Reference to Corporate Governing Documents, 1.6 2011 Legislative Reforms to Texas Homeowners Association Law, 1.6.1 Recording and Online Publication of Dedicatory Instruments, 1.6.4 Payment and Collection of Assessments, 1.6.5 Amendment of Governing Documents, 1.6.7 Annual Membership Meeting and Notice of Membership Meeting Requirements, 1.6.10 Enforcement of Restrictive Covenants Concerning Flags, Rain Barrels, Religious Displays, Solar Panels, and Roof Shingles, 1.6.11 Notice of Restrictive Covenant Violation, CHAPTER 2 CONDOMINIUM DEVELOPMENTS IN TEXAS, 2.2 Application of the Texas Condominium Act and/or the Texas Uniform Condominium Act, 2.3 Understanding Condominium Terms of Art, 2.5 Ownership of Units and Determining Unit Boundaries, 2.6 Common Elements, Limited Common Elements, and General Common Elements, 2.7 Allocation of Common Element Interests, Votes, and Common Expense Liabilities, 2.9 Alteration of Units, Relocation of Boundaries between Adjoining Units, and Subdivision of Units, 2.9.1 Alteration of a Unit or Partitions between Two Units, 2.9.2 Relocation of Boundaries between Adjoining Units, 2.10 Maintenance and Repair of Units and Common Elements, 2.11 Amendment of a Condominium Developments Governing Documents, 2.12 Termination of a Condominium Development, 2.12.1 Agreement to Terminate a Condominium Development, 2.12.2. Browse more Topics under Elements Of Company Law Ii The list shall contain: Texas law requires written ballots that are signed by the voting member for the following votes: Under Texas law, electronic ballots qualify as written and signed. During a board meeting, the HOAs board of directors will host an open monthly or quarterly meeting with all community members. ( Corp. Code 7512 (d) .) By posting notice of the meeting in a common area of the property or on the property owners' association's website and e-mailing the owners at least 144 hours before a regular board meeting (or at least 72 hours before a special board meeting) Section 209.0051 of the Texas Property Code HOUSE BILL 3571 Protection of Security Measures. As always, if you have any additional questions, you can contact your community manager. While commonly referred to as "HOAs", Texas law uses the term "property owners' associations." . Why are HOA board meetings important? SENATE BILL 581 Protection of Displayed Religious Items. How to Amend HOA Bylaws and Covenants in 6 Steps Before proceeding with the process, HOA boards must first consider why they want to change the bylaws or CC&Rs. Illegal immigration to the United States is the process of migrating into the United States in violation of US immigration laws.This can include foreign nationals who have entered the United States unlawfully, as well as those who lawfully entered but then remained after the expiration of their visas, parole, TPS, etc. Senate Bill 1588 has 27 separate sections that add or modify statutory provisions in Chapters 202, 207 and 209 of the Texas Property Code, including provisions identical to those in House Bill 3571 (Protection of Security Measures) and Senate Bill 581 (Protection of Displayed Religious Items). For votes not taken at a meeting, the association must provide notice no less than 20 days before the last day a ballot can be submitted. Duty of Care of Officers under the Texas Nonprofit Corporation Law, 3.15.4. Approval of a Solar Energy Device by an Architectural Committee, 10.8.4 Non-Application of Section 202.010 during a Development Period, 10.9 Protected Display of the United States, Texas, and Military Service Branch Flags under Section 202.011 of the Texas Property Code, 10.10 Protection of Weather-Resistant and Energy-Conserving Shingles under Chapter 202.011 of the Texas Property Code, 10.11 Protected Display of Certain Religious Items on the Entry to a Home under Section 202.018 of the Texas Property Code, 10.12 Invalidation of Restrictive Covenants that Require Wood Shingles or that Discriminate Against a Person on the Basis of his or her Race, Color, Religion, or National Origin under Chapter 5 of the Texas Property Code, CHAPTER 11 AMENDMENT OF GOVERNING DOCUMENTS, 11.2 Procedures for Amendment of Articles of Incorporation under the Texas Nonprofit Corporation Law, 11.2.1 Procedures for Approving an Amendment to the Articles of Incorporation, 11.2.2 Procedures for filing an Amendment of the Articles of Incorporation with the Texas Secretary of State, 11.3 Procedures for and Restrictions on the Amendment of Bylaws, 11.4 Procedures for Amendment of a Condominium Declaration under the Texas Uniform Condominium Act, 11.4.1 General Requirements for Amendment of a Condominium Declaration, 11.4.2 Voting Requirements for Certain Amendments of a Condominium Declaration, 11.4.3 Procedures for Approval of an Amendment to a Condominium Declaration by Unit Owners, 11.4.4 Recording of an Amendment to a Condominium Declaration in the Local Official Public Records, 11.4.5 Legal Challenge to the Validity of an Amendment to a Condominium Declaration, 11.5 Procedures for Amendment of a Subdivision Declaration under Chapter 209 of the Texas Property Code, 11.5.1 General Amendments of a Subdivision Declaration under Section 209.0041, 11.5.2 Amendment of a Subdivision Declaration to Grant or Remove a Subdivision Associations Authority to Foreclose its Assessment Lien under Section 209.0093, 11.5.3 Recording of an Amendment to a Subdivision Declaration in the Local Official Public Records, 11.6 Procedures for Extending, Creating or Modifying a Declaration of a Residential Subdivision Development Located in either: a City with a Population of More than 100,000; in an Unincorporated Area of Harris County; or in Brazoria, Fort Bend, Galveston, Liberty, Montgomery, or Waller County under Chapter 201 of the Texas Property Code, 11.6.1 Applicability of Chapter 201 Procedures, 11.6.2 Procedures for Extension, Creation, and/or Modification of a Declaration under Chapter 201, 11.6.3 Exclusion of Lots from the Application of a Declaration that is Extended, Created, and/or Modified under Chapter 201, 11.6.4 Judicial Challenge of a Chapter 201 Petitions Compliance with the Procedural Requirements of Chapter 201 or to Exclude a Lot From the Application of an Extended, Created, and/or Modified Declaration, 11.7 Procedures for Extending or Modifying a Declaration of a Residential Subdivision Development and/or establishing a Mandatory-Membership Subdivision Association Located in Harris, Galveston, or Montgomery County under Chapter 204 of the Texas Property Code, 11.7.1 Declarations that May Be Extended or Modified under the Procedures Set Forth by Chapter 204, 11.7.2 Procedures for Extending and/or Modifying an Existing Declaration under Chapter 204, 11.7.3 Procedures for Creation of a Mandatory-Membership Subdivision Association under Chapter 204, 11.7.4 Vesting of Architectural Control Authority in Certain Applicable Subdivision Developments under Chapter 204, 11.8 Procedures for Amending a Declaration for Certain Limited Purposes by a Board of Directors of a Texas Homeowners Association Located in a Texas County With a Population of 65,000 or More under Chapter 205 of the Texas Property Code, 11.9 Procedures for Extending a Declaration Applicable to the Clear Lake City Community Association in Harris County, Texas, under Chapter 206 of the Texas Property Code, 11.10 Procedures for Amendment and/or Termination of a Declaration in a Historic Neighborhood Located in the Houston Heights Area of the City of Houston under Chapter 208 of the Texas Property Code, 11.10.1 Applicability of Chapter 208 to Historic Neighborhoods, 11.10.2 Procedures for Amendment or Termination of a Historic Preservation Declaration, 11.10.3 Defenses to Enforcement of a Historic Preservation Declaration, 11.11 Procedures for Extension or Modification of a Declaration Applicable to a Residential Subdivision Development located in Smith, Cherokee, Henderson, Rusk, or Van Zandt County by Petition under Chapter 210 of the Texas Property Code, 11.11.1 Procedures for Amendment of a Declaration under Chapter 210, 11.11.2 Certification of Results of a Chapter 210 Petition Vote and Binding Effect of an Approved Chapter 210 Petition, 11.12 Procedures for Amendment or Modification of Certain Limited Declarations Applicable to Residential Subdivision Developments Located in Unincorporated Areas of Texas Counties with a Population of Less Than 65,000 under Chapter 211 of the Texas Property Code, 11.13 Procedures for Adopting an Extension of a Declaration by a Majority Vote of Lot Owners in Certain Subdivision Developments located in Houston, Texas, under Chapter 212 of the Texas Property Code, 11.13.1 Procedures for Extension of an Applicable Declaration, 11.13.2 Effective Date and Length of an Approved Extension Period, 11.13.3 Termination of an Extended Declaration, 11.13.4 Applicability of an Extended Declaration and Exclusion of Unconstitutional Restrictions, 11.13.5 Use of Extension Procedures Set Forth in the Declaration, CHAPTER 12 RIGHTS AND DUTIES OF TEXAS HOMEOWNERS, 12.2 Homeowners Contractual Duty to Comply with Restrictive Covenants and Pay Assessments, 12.3 Unit Owners Statutory Duty to Comply with a Condominium Associations Declaration and Pay Assessments, 12.4 Unit Owners Statutory Duty to Disclose Certain Information to a Condominium Association, 12.5 Homeowners Right to Enforce Restrictive Covenants, 12.5.1. Thats it. Formed in 2012, today SWB has more than 16 attorneys. Designed by Elegant Themes | Powered by WordPress. Yes, in limited circumstances. This subsection lists the topics that may be discussed in closed executive sessions. This requirement does not extend to non-owners (such as . Since 1983. Sec. Execution of a Written Consent in Lieu of a Board Meeting, 4.13 Agenda and Order of Business at a Board Meeting, 4.14 Conducting a Board Meeting and Decorum, 4.15 Participation of Non-Directors at a Board Meeting, 4.16 Recording and Taping of a Board Meeting, CHAPTER 5 MEETINGS OF A HOMEOWNERS ASSOCIATIONS MEMBERSHIP, 5.2 Actions that Require Approval of a Homeowners Associations Membership, 5.3 Taking Actions by Consent without a Membership Meeting, 5.3.1 Actions by Unanimous Written Consent, 5.3.2 Actions by Less than Unanimous Written Consent, 5.3.3 Execution of a Written Consent in Lieu of a Membership Meeting, 5.4 Location of Membership Meetings, 5.5 Annual Meetings of a Homeowners Associations Membership, 5.5.1 Annual Membership Meeting Requirement of Nonprofit Corporation HOAs under the Texas Nonprofit Corporation Law, 5.5.2 Annual Membership Meeting Requirement of Subdivision Associations under Chapter 209 of the Texas Property Code, 5.6 Special Meetings of a Homeowners Associations Membership, 5.7 Notice of a Membership Meeting, 5.7.1 General Requirements Concerning Notice of a Membership Meeting, 5.7.2 Specific Requirements of Condominium Associations Concerning Notice of a Membership Meeting, 5.7.3 Specific Requirements of Subdivision Associations Concerning Notice of a Membership Meeting, 5.7.4 Exceptions to and Waiver of a Membership Meeting Notice, 5.8 Pre-Membership Meeting Procedures: Setting a Record Date for Determination of Membership and Preparing a Membership Voting List, 5.8.1 Establishing a Record Date for Determination of Membership, 5.8.2 Preparation of a Membership Voting List, 5.9 Agenda and Order of Business at a Membership Meeting, 5.10 Conducting a Membership Meeting and Decorum, 5.11 Establishment of a Quorum at a Membership Meeting, 5.12 Voting of Members at a Membership Meeting, 5.12.3 Membership Voting Approval Requirements, 5.12.4 Methods for Casting Ballots in a Membership Vote, 5.13.1 Election Voting Systems in General, 5.13.2. Duty of Care of Directors under the Texas Nonprofit Corporation Law, 3.15.3. Minutes recorder- always, always document HOA meetings, including . This law will only apply if a property owners' association has been incorporated as a nonprofit corporation. Senate Bill 1588 modifies Section 209.0052 of the Texas Property Code, which governs the procedure for approving contracts by property owners associations that administer subdivision developments. 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, HB 1659 Declaration Amendment Procedure (PDF), HB 3571 Protection of Security Measures (PDF), SB 318 Condominium Books and Records (PDF), SB 581 Protect of Displayed Religious Items (PDF). (Civ. [1] If an association notices these meetings via mail or the meeting is a special meeting of the directors, then the notice requirements do not change. This provision takes effect on September 1, 2021. HOA meeting minutes are a record of the actions taken by board members at a meetingnot a complete transcript of what was said and opinions that were expressed. The Texas Legislature is far down the path of overriding private HOA documents with statutes that manage many aspects of HOA life. ( Civ. Texas law does not specify whetherproperty owners' association elections must allow one vote per named owner of a piece of property or one vote per lot. 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. Do you want to stay on top of the ever-changing world of HOA rules and best practices? It also permits associations to allow their members to vote by secret ballot. Director and Officer Immunity from Liability under the Texas Charitable Immunity and Liability Act of 1987, 3.16.2. HOA meeting minutes are a record of the actions taken by board members at a meetingnot a complete transcript of what was said and opinions that were expressed. If you continue to use this site we will assume that you are happy with it. TEXAS RESIDENTIAL PROPERTY OWNERS PROTECTION ACT. Corporations Code Section 7211. As amended, Section 209.0052 requires property owners associations that propose to contract for services that will cost more than $50,000 to solicit bids or proposals using a bid process established by the property owners association. If a quorum cannot be obtained, the chair calls the meeting to order, announces the absence of a quorum, and entertains a . The Board's powers and duties to all homeowners within the HOA include enforcing the rules governing the ownership and management of the residential community, paying all taxes and assessments and avoiding liens upon the common area, securing general liability insurance on behalf of the HOA, securing contracts for materials and services in order Duty of Care of Directors and Officers of Condominium Associations under the Texas Uniform Condominium Act, 3.16 Immunity and Indemnity of Directors and Officers of Nonprofit Corporation HOAs, 3.16.1. Existing requirements to keep minutes and make them available, to give notice of meetings, for homeowners to keep their e-mail address up-to-date, and for recessing meetings remain in Chapter 209.0051(d, e, f, & g). at least 144 hours before the start of a regular board meeting and at least 72 hours before the start of a special board meeting by: (A) posting the notice in a conspicuous manner reasonably designed to provide notice to property owners' association members: (i) in . How Must an HOA Respond to a Records Request from an Owner. Creating Good: Employees Gift 63 Days of PTO to their Coworker, Creating an Emergency Management Plan for Your HOA Community, Family Comes First: Breast Cancer Awareness Month, Legal advice and confidential communications with the HOAs attorney, Matters that are to remain confidential at the request of the affected parties and by agreement of the board, Initiation of enforcement actions (except temporary restraining orders or violations involving a threat to health or safety), Appeals from denials of architectural control approval requests, Suspending the rights of an owner before the owner has an opportunity to address the board on the issue, Adopting or amending a dedicatory instrument (i.e., the HOAs governing documents), Approval of an annual budget or budget amendment that increases the budget by more than ten percent, Constructing capital improvements (other than repairing, replacing, or enhancing existing capital improvements). Senate Bill 318 adds Section 82.1141 to the Texas Property Code, which incorporates new statutory provisions for the production and keeping of records by condominium associations that are substantially similar to existing statutory provisions that are already applicable to property owners associations that administer subdivision developments pursuant to Section 209.005 of the Texas Property Code. TEXAS OPEN MEETINGS ACT LAWS MADE EASY . And slipping HOA rules in under the cover of darkness is a big no-no. General Delivery or Notice. Proxy forms cannot be used for voting in Arizona; however, absentee ballots and in-person voting are allowed, and these forms should be sent to homeowners at least seven days before they must be completed and returned to the board. 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. Call us today at 865.315.7505 or contact us online to learn more about our services. Since this list is mostly what HOAs do anyway, its obvious that in passing these laws the Texas legislature intended for all owners to have sufficient notice of board meetings where the owners important rights might be at stake. AB-976 (Ting) Accessory dwelling units: owner-occupancy requirements. Texas Property Code - PROP 209.0051. Lot Owners Common Law Right to Enforce Restrictive Covenants, 12.5.3. Zindia Thomas . Minutes of all official meetings must be kept on record for 7 years. Again, governing documents might be stricter, and if so, they must be followed. Permissible Regulation of the installation of Irrigation Systems and Water-Conserving Landscaping and Hardscape, 10.7 Display of Political Signs under Section 202.009 of the Texas Property Code, 10.8 Protection of Solar Energy Devices under Section 202.010 of the Texas Property Code, 10.8.1. Unless the bylaws state otherwise, a quorum for an annual meeting equals at least 20 percent of the votes that may be cast for the election of a board member. Notice of the time, date, and place of each meeting of the board of directors or of any subcommittee or other committee of the board of directors shall be published where it is reasonably calculated to be . The HOA annual meeting is a general meeting of sorts for the entire HOA membership. 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. 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