This bill 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. Bear in mind that most rules and regulations regarding weapons are city, county, state, and federal rules, not individual HOA rules. 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 1025 – Membership on the Board of Directors (applies to Subdivision Associations only). 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. As amended, Section 82.059 now waives the requirement to identify the horizontal boundary of a unit on the plats and plans attached to a condominium declaration if the horizontal unit boundaries are described in the condominium declaration itself. 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. 2019 HOA Legislative Update. As the state continues to experience population growth and urban sprawl continues between large cities (for example, the I-35 corridor between San Antonio and Austin), the annexation without consent in rural areas was bound to continue. This bill has passed and was signed by the governor on June 14, 2019. Good Fences: San Antonio Texas Homeowners Association Attorney HOA … These bills did not pass, but this is not to say that we won’t see them again. Home or Property Owners' Association FAQs. © Copyright 2019, Gregory S. Cagle. This bill passed and was signed by the governor on June 14, 2019. This bill has been passed and was signed by the governor on June 14, 2019. Prop. This bill transfers Section 202.009 to Chapter 259 Election Code. Chapter 5: Texas Statutes pertaining to buying and selling of property. 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. The association may not create a rule that mandates the issuance of a permit, or to charge a fee. Texas Homeowners Association Law is an essential guidebook on all Texas and Federal laws governing the administration and operation of Texas Homeowners Associations and is the only comprehensive legal reference manual that is written specifically for directors, officers and homeowners in Texas Homeowners Associations. 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. 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. The second component to this bill prohibits electing members of the board that cohabitate. As such, this report should be used for general information purposes only and may not be construed as a legal opinion or legal advice. It goes into effect on September 1, 2019; however, the cohabitation component went into effect immediately. SENATE BILL 1845 – Declaration Amendment Procedures for “Mixed-Use Real Estate Developments (applies to Mixed-Used Real Estate Developments only). House Bill 2569 amends Section 82.059 of the Texas Property Code, which governs the requirements of a condominium declaration. 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. This bill has been passed and was signed by the governor on June 10, 2019. This has been signed by the governor and goes into effect on September 1, 2019. –> Link . Chapter 51: Restrictive Covenants Applicable To Certain Subdivisions –> Link . 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. There is so much to learn, but this book is easily understood by anyone with an 8th grade reading level. 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). 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. Chapter 5: Texas Statutes pertaining to buying and selling of property.–> Link . 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. §81.001, et seq. This book has been read repeatedly, and is exceptional. 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. It goes into effect September 1, 2019. 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. The author of Texas Homeowners Association Law discusses the 2019 legislative session and its effects on homeowners association law. Reclaim Your HOA; Texas Laws; Holiday Lake Estates Resident Group; Texas Laws. Like many bills, most of the items discussed at the beginning of the session failed to make it out of committee, and some of those that did are vastly different than when they initiated. © 2020 Spectrum Association Management, Inc. All Rights Reserved |, How Recent Coronavirus Legislation Benefits HOA Members, Ensuring FDIC Coverage for Your HOA Community. Bear in mind that most rules and regulations regarding weapons are city, county, state, and federal rules, not individual HOA rules. 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. 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.
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