Flashback - 2021 TX Lege passes, Abbott signs bill for greater POA transparency

Every so often I'd ask friends and family about why they don't attend or watch their own property owners association board meetings. Time and again one of their biggest bug-a-boos about attending these meetings is notice--when, where and what time--or "can I watch from the comfort of my own home"? 

 

So its worth noting for my friends in Texas that among the bills passed by the 2021 Texas Legislature was SB1588-- which now requires property owners associations to notify members six days before a regular or special board meeting and post the notice on the association website.

 

From the Bill Analysis: (emphasis mine)

Open board meetings. The bill would require notices to members of a regular or special board meeting of a property owners’ association to be provided at least 144 hours, rather than 72 hours, before the start of regular board meeting and at least 72 hours before the start of a special board meeting. Notice would have to be posted on the home page of any internet website available to association members that was maintained by the association, including a website maintained by a management company on behalf of the association

The Community Associations Institute Texas Legislative Action Committee posted a recap of the 2021 Texas Legislative session where you can learn what bills were tracked and analyzed by CAI pertaining to property owner associations. 

 

Another nugget tucked into SB1588 makes property association board members, their spouse

or a person residing in a current board member's household ineligible to serve on the associations architectural control committee (ACC), and adds language regarding the homeowners rights to install security measures.  

COMING SOON! How to keep your Homeowners Association Great!

With both Texas and Florida gearing up for their respective 2023 legislative sessions, County Examiner is pleased to announce a new section of online resources that affect the rights of residents who choose to live in a property owners association. 

 

We're also keeping an eye on what legislation gets filed for consideration in both Austin and Tallahassee. And if we come across court cases or interesting stories the team will highlight them here too.

But first a bit of a primer and the disclaimer: the team behind County Examiner is not comprised of lawyers but we are American citizens with a right to educate ourselves and be knowledgeable of our rights should we choose to live in a common interest community.

 

In Texas the website of the State Law Library provides a legal research guide to understanding "property associations" or what many refer to as a "homeowners association" defined in Section 202.001 of the Texas Property Code. If your property owners association has registered as a non-profit the Secretary of State website will allow you to search and view for your associations articles of incorporation and other documents related to its formation.

In Florida Section 718 and Section 720 provide procedures for how your condominium and homeowners associations should be operating. And in Florida the Department of State is your resource for searching and viewing your associations articles of incorporation and other documents.