TEXAS OPEN MEETINGS ACT LAWS MADE EASY . This law will only apply if a property owners' association has been incorporated as a nonprofit corporation. What matters are appropriate for a closed, executive session? Under Chapter 209 of the Texas Property Code, residential subdivision HOAs are required to have 'open' board meetings, meaning that the members of the HOA (i.e., the property owners) have the right to attend, but not speak, at said board meetings. Duty of Care of Officers under the Texas Nonprofit Corporation Law, 3.15.4. Please be advised that the Board of Directors does not intend to meet in executive session during the Board meeting. State of Texas | Statewide Search | Report Fraud in Texas | Texas Statutes, Site Map | Library Policies | Accessibility | Employment Opportunities, 205 West 14th Street, Austin, Texas 78701-1614. Remain objective and exclude unrelated conversations, irrelevant commentary, or details from discussions that dont lead to a conclusion or decision in minutes. The date, hour, place and general subject matter have to be disclosed in the notice, along with a general description of any matter to be brought up in executive session. In the performance of their duties, officers and members of the board of directors are governed by this section and the applicable provisions of ORS 65.357 (General standards for directors), 65.361 (Director . If you continue to use this site we will assume that you are happy with it. As amended, Section 207.006 only applies to a property owners association with at least 60 lots or that is managed by a management company and it now requires such applicable property owners associations to maintain an internet website and to publish its Dedicatory Instruments on such internet website. Under Chapter 209 of the Texas Property Code, residential subdivision HOAs are required to have open board meetings, meaning that the members of the HOA (i.e., the property owners) have the right to attend, but not speak, at said board meetings. 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). Those actions are as follows: 1) Fines; 2) Damage assessments; 3) Initiation of foreclosure actions; Apple and the Apple logo are trademarks of Apple Inc. Mac App store is a service mark of Apple Inc. For example, most states require associations discuss and, Are you a self-managed HOA who wonders what benefit an HOA management company might bring? WHEREAS, the Association, desires to set forth its guidelines for providing notice for Board Meetings. 1. Again, governing documents might be stricter, and if so, they must be followed. If the boardfails to call one, an owner may demand via certified mail that a meeting be held within 30 days of the demand. For instance, if the governing documents require notices to be sent by email 96 hours before the meeting or by mail 14 days before the meeting, these rules will need to be followed. What Authority does an HOA Have over My Roof? Senate Bill 581 amends Section 202.018 of the Texas Property Code, which prior to 2021 prohibited a property owners association from adopting or enforcing a restrictive covenant that restricts an owner or resident from displaying or affixing a religious item on the owners or residents entry to their dwelling. 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. . before the regular board meeting? Additionally, this section includes a list of items upon which an association may not vote without first providing notice to members. As amended, Section 209.016 no longer requires redaction of sensitive personal information of a tenant from a lease agreement and authorizes a property owners association to require property owners who lease their property to submit to the property owners association contact information, including the name, mailing address, phone number, and e-mail address, of each person who will reside at a property under a lease and the commencement date and term of the lease. Insurance & Insurance Defense Trial Litigation. Minutes recorder- always, always document HOA meetings, including . Notice of Board Meetings. Contractual Indemnity of Directors and Officers, 3.16.3 Statutory Indemnity of Directors and Officers under the Texas Corporation Law, CHAPTER 4 MEETINGS OF THE BOARD OF DIRECTORS, 4.2 Board Meeting Procedures Applicable to Subdivision Associations, 4.3 Regular and Special Meetings of the Board of Directors, 4.4 Open Board Meetings and Executive Session, 4.4.1 Open Board Meetings of a Condominium Associations Board of Directors under the Texas Uniform Condominium Act, 4.4.2 Open Board Meetings of a Subdivision Associations Board of Directors under Chapter 209 of the Texas Property Code, 4.5 Homeowners Associations Subject to the Texas Open Meetings Act, 4.7 Notice of a Board Meeting to Directors, 4.7.1 General Requirements Concerning Notice of a Board Meeting, 4.7.2 Notice of a Regular Board Meeting to Directors, 4.7.3 Notice of a Special Board Meeting to Directors, 4.8 Notice of a Board Meeting to Members of a Homeowners Association, 4.8.1 Notice of a Board Meeting to Unit Owners by a Condominium Association, 4.8.2 Notice of a Board Meeting to Lot Owners by a Subdivision Association, 4.11 Conducting a Board Meeting by Electronic or Telephonic Means, 4.11.1 General Authority of a Nonprofit Corporation HOA to Conduct a Board Meeting by Alternative Methods of Communication under the Texas Nonprofit Corporation Law, 4.11.2 Specific Authority of a Condominium Association to Conduct a Board Meeting by Alternative Methods of Communication under the Texas Uniform Condominium Act, 4.11.3 Specific Authority and Limitations of a Subdivision Association to Conduct a Board Meeting by Alternative Methods of Communications under Chapter 209 of the Texas Property Code, 4.12 Taking Actions by Written Consent Without a Board Meeting, 4.12.1 Actions by Unanimous Written Consent, 4.12.2. Due to the size and scope of Senate Bill 1588, it shall be summarized in separate sub-parts by topic. Below is a list of elements you'll find at practically every HOA meeting. The notice for an annual meeting should include the date, time, place, and agenda for the meeting. Those requirements vary depending upon the type of board meeting being held (i.e., whether the meeting is an open meeting, a meeting held solely in executive session, or an emergency meeting). As amended, Section 207.003 imposes restrictions on the amounts charged for a resale certificate (no more than $375 for a resale certificate and no more than $75 for an updated resale certificate) and modifies the numbers of days to cure a failure to timely produce a resale certificate (5 business days instead of 7 days) before a property owner may sue the property owners association. However, when planning when to send your meeting notice, keep in mind that your communitys governing documents might have stricter requirements than these state laws. Contains spam, fake content or potential malware, HOA Board Meeting and Annual Meeting Notice Requirements, A Guide to Selecting the Right HOA Management Company, Why HOA Board Member Education is Important, Training Board Members How To Manage HOA Politics. Electronic notice is allowed, but some very specific requirements must be met for this method to be considered valid. Permissible Installation Regulation of Solar Energy Devices, 10.8.2 Other Permissible Regulation of Solar Energy Devices, 10.8.3. Important note: Your property owners' association's bylaws are the best source of information for how board and membership meetings are to be called and conducted. A board meeting notice should include the time, date, location, and general subject matter of the open session and executive session. In short, you can only make some decisions in a meeting. This meeting is to be conducted amongst all owners and proper notice of this meeting must be provided. HOA Meeting Breakdown: Types of . Property owners must be given no less than 10 days notice and no more than 60 days notice in writing of an upcoming vote to be takenat an association meeting. Election Voting under the Texas Nonprofit Corporation Law, 5.13.4 Deadlines for Partial and/or Full Transition of Authority to Elect Directors from the Declarant to the Homeowners, 5.14 Statutory Requirements and Procedures for Casting, Tabulating and Recounting Membership Ballots Applicable to Subdivision Associations, 5.14.1 Requirement of Written and Signed Ballots, 5.14.2 Tabulation of and Access to Ballots, 5.15 Recording and Taping of a Membership Meeting, 5.16 Minutes of a Membership Meeting, CHAPTER 6 DUTIES AND OPERATION OF TEXAS HOMEOWNERS ASSOCIATIONS, 6.1 Source and Scope of a Homeowners Associations Power and Authority, 6.1.1 Additional Powers and Authority Granted to Certain Subdivision Associations in Harris, Galveston, and Montgomery Counties under Chapter 204 of the Texas Property Code, 6.1.2 Additional Powers and Authority Granted to Condominium Associations under the Texas Uniform Condominium Act, 6.1.3 Limitations on a Subdivision Associations Ability to Transfer an Interest in its Accounts Receivables, 6.2 Management of Homeowners Associations, 6.2.1 Self-Management by the Board of Directors, 6.2.2 Self-Managed by an Employed Manager, 6.2.3 Management by an Independent Management Company, 6.3 Emergency Governance of Texas Nonprofit Corporation HOAs, 6.5 Recording and Online Publication of Dedicatory Instruments, 6.6 Adoption and Recording of a Payment Plan Guidelines Policy by Subdivision Associations, 6.7 Adoption and Recording of a Records Production and Copying Policy by Subdivision Associations, 6.8 Adoption and Recording of a Document Retention Policy by Subdivision Associations, 6.9.1 Production of Subdivision Information and Resale Certificates by a Subdivision Association, 6.9.2 Production of Condominium Information and Resale Certificates by a Condominium Association, 6.10 Maintenance of Common Areas and Common Elements, 6.11 Limitation of Liability of a Texas Homeowners Association under the Texas Charitable Immunity and Liability Act of 1987, 6.12 Filing Periodic Reports with the Texas Secretary of State, 6.14 Inspection of a Homeowners Associations Books and Records by a Director, 6.15 Inspection of a Homeowners Associations Books and Records by a Homeowner, 6.15.1 Member-Homeowners Right to Inspect Books and Records of a Nonprofit Corporation HOA under the Texas Nonprofit Corporation Law, 6.15.2 Members Right to Inspect Books and Records of a Nonprofit Association under the Texas Uniform Unincorporated Nonprofit Association Act, 6.15.3 Unit Owners Right to Inspect Books and Records of a Condominium Association under the Texas Uniform Condominium Act, 6.15.4 Lot Owners Right to Inspect Books and Records of a Subdivision Association under Chapter 209 of the Texas Property Code, 6.16 Audits of a Homeowners Associations Financial Records, 6.17 Applicability of the Texas Open Meetings Act and Public Information Act to Certain Texas Homeowners Associations, CHAPTER 7 LEVYING AND COLLECTING ASSESSMENTS, 7.2 Source and Scope of a Homeowners Associations Authority to Levy Assessments against Homeowners, 7.3 Obligation of Homeowners to Pay Assessments, 7.4 Assessment of Late Fees and Interest, 7.5 Payment Plan and Priority of Payment Schedule Requirements Applicable to Subdivision Associations, 7.5.1 Payment Plan Requirement Applicable to Subdivision Associations Consisting of 15 or More Lots, 7.5.2 Priority of Payment Schedule Applicable to All Subdivision Associations, 7.6 Reimbursement of Collection Costs and Attorneys Fees Incurred by a Homeowners Association, 7.6.1 Reimbursement of Collection Costs and Attorneys Fees Incurred by a Subdivision Association, 7.6.2 Reimbursement of Collection Costs and Attorneys Fees Incurred by a Condominium Association, 7.7 Creation, Scope, and Priority of an Assessment Lien, 7.7.1 Creation and Perfection of an Assessment Lien, 7.8 Foreclosure of an Assessment Lien, 7.8.1 Judicial Foreclosure of an Assessment Lien, 7.8.2 Non-Judicial Foreclosure of an Assessment Lien, 7.9 Pre-Foreclosure Due Process Procedures Required of Subdivision Associations, 7.9.1 Required Notice to Holders of a Junior Deed of Trust Lien and Opportunity to Cure the Assessment Delinquency, 7.9.2 Required Court Order Authorizing Non-Judicial Foreclosure of a Subdivision Associations Assessment Lien, 7.10 Statutory Restrictions on the Rights of Homeowners Associations to Foreclose an Assessment Lien, 7.11 Texas Constitutional Protection of a Homeowners Homestead, 7.11.1 Scope of Homestead Property and Invocation of Homestead Protection, 7.11.2 Preemption of Homestead Protection by a Preexisting Assessment Lien, 7.12 Protection of Active Duty Military Servicemembers from Foreclosure, 7.13 Post-Foreclosure Notice Requirements of Subdivision Associations, 7.14 Homeowners Right of Redemption Following a Foreclosure Sale, 7.14.1. This can be done by including an agenda with the meeting notice. However, the HOAs governing documents might make this a requirement! Please note: 2022 Boardline Academy. General Delivery or Notice. Can I bring a lawyer? This bill takes effect on June 15, 2021. The notice can be given in several ways. Senate Bill 1588 adds Section 209.017 of the Texas Property Code, which authorizes property owners to sue a property owners association that administers a subdivision development in justice court for violations of Chapter 209 of the Texas Property Code. It can be mailed, but the mailing must occur at least ten days before the meeting, but not more than sixty days before the meeting. The best way to stay informed is to subscribe to our blog and get a digest of the articles that our fantastic editors publish. And slipping HOA rules in under the cover of darkness is a big no-no. Section 202.018 also permits a property owners association to adopt or enforce restrictions that restrict the display of religious items: (1) on common area or common element property; (2) that violate any applicable building line, right-of-way, setback, or easement; or (3) that are attached to a traffic control device, street lamp, fire hydrant, or utility sign, pole, or fixture. Such new and modified statutory laws are summarized as follows: HOUSE BILL 1659 Reduced Application of Declaration Amendment Procedures under Chapter 209. 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. Lands End is home to a variety of birds, including bald eagles. Texas's HOA statutes do not provide a general mechanism for removal or recall of board members, though the law acknowledges the possibility of removal. Code 4045(b), 4040.) Senate Bill 1588 modifies Section 202.006 of the Texas Property Code, which requires all Dedicatory Instruments of a property owners association to be recorded in the Official Public Records of the county in which its development is located. Request for Individual Delivery of Notice Open Board Meetings Under the Texas HOA Laws: Just How Open Are They? Application of the Business Judgment Rule under the Texas Nonprofit Corporation Law, 3.15.5. Code 209.0056. . (Civ. As amended, notices of a regular board meeting must be posted and sent to the registered email address of members of the property owners association at least 144 hours (instead of 72 hours) before the meeting. This section requires annual meetings of a property owners' association's membership. 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"). HOAs are required to give the community ample notice about the meeting. Remain objective and exclude unrelated conversations, irrelevant commentary, or details from discussions that don't lead to a conclusion or decision in minutes. HOA Violation Procedures 1. HOA board meetings are where decisions are made and effectively communicated to members of the HOA community. The notice requirements that apply to board meetings are distinct from those that apply to membership meetings. Fifth, and finally, an HOA board may hold an "emergency" or "special" session. This provision takes effect on September 1, 2021, however, the Texas Real Estate Commission has until December 1, 2021 to establish the ability to electronically file management certificates and if a property owners association has already recorded a management certificate or amended management certificate in compliance with Section 209.004 on or before December 1, 2021, then it is not required to electronically file a duplicate management certificate or amended management certificate with the Texas Real Estate Commission until June 1, 2022. a violation notice. 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. 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. The board will say, 'We want to discuss this employment matter, so we're going into executive session. The public? The HOA board does have the right to adjourn and reconvene in a closed, executive session to consider the following matters: Any decisions made in closed sessions must be summarized orally, in general terms, at the next open meeting and must be recorded in the minutes. However, all board members must be able to express their opinions and to vote, and the action cannot involve any of the following items, which must be considered and voted on at an open board meeting: It is important to note that the open meeting statute that applies to HOAs is not the same as the Texas Open Meetings Act, which only applies to governmental bodies (such as town councils and zoning boards) and a small number of HOAs that are located in heavily populated areas and base their assessments, in whole or in part, on local property tax values (or have done so at some point in the past). The board may take actions without having a board meeting, in which case the notice and open meeting requirements do not apply. Notice of member meetings must be provided to all members ten to fifty days in advance. A Homeowner will be allotted (5 minutes) for their questions and comments. Browse more Topics under Elements Of Company Law Ii SHORT TITLE. As modified, the Declaration amendment procedure under Section 209.0041 may not be used to amend a Declaration if the amendment will affect a portion of the subdivision development that is zoned for or that contains, or previously contained as specifically allowed under the Declaration, a commercial structure, an industrial structure, an apartment complex, or a condominium. With an exception for associations containing 10 or fewer lots created before January 1, 2015, this law voids any provision in the association's governing documents that would limit a property owner's right to vote on matters regarding the association. 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. This requirement can be met by including the meeting agenda with the notice. 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. 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. [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. As required by Section 209.005, new Section 82.1141 now requires condominium associations to adopt a document production and copy charge policy as well as a document retention policy. Subsection (c) of this section requires that meetings of the board of a property owners' association must be open to the owners. On some topicslike meetings, records, elections, and foreclosurestate laws act like "super bylaws." They void or supplement parts of the recorded HOA documents. 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. For a rural community, this is an added benefit that you won't find anywhere else on the Lake. Call us today at 865.315.7505 or contact us online to learn more about our services. Open Board Meetings Current as of April 14, 2021 | Updated by FindLaw Staff Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Without the structure of a good agenda, the HOA meeting can be long and painful. Minutes of all official meetings must be kept on record for 7 years. An agenda with the meeting agenda with the meeting member meetings must be followed only make some decisions a... In minutes and exclude unrelated conversations, irrelevant commentary, or details from discussions that dont lead to a of! Digest of the articles that our fantastic editors publish time, date location... Home to a conclusion or decision in minutes this Bill takes effect June. 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