2015 Statutes: Promises and Pitfalls
The 2015 legislative session brought many changes, much of which provided good news for homeowners, discussed in greater detail below. I can’t name all who helped, but we received welcome and bi-partisan support from Senator Royce West, Representative Dwayne Bohac, and Governor Greg Abbott. Please thank them (their addresses are here) – and follow up with personal appeals to protect homeowner rights whenever they come to town. Rest assured, we will need the Legislature’s vigilance in sessions to come!
Here is an overview of 2015 statutes. Below, I discuss some of the more important new provisions — how some new laws may help — and pitfalls — how a few provisions make matters worse. Please do not forget my disclaimer. To submit comments or questions, or proposals for next legislative session, here is Contact Info.
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Overview of Changes to HOA Law in the 2015 Legislative Session
Continue reading: Overview of Changes to HOA Law in the 2015 Legislative SessionFor homeowners, the most important legislation was Senate Bill 1168. This was an “omnibus bill” – meaning that it affects […]
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Major Changes To The “Open Meetings” Mandate For Subdivisions (SB 1168 §8)
Continue reading: Major Changes To The “Open Meetings” Mandate For Subdivisions (SB 1168 §8)Amendments to Chapter 209.0051 make significant changes to the “open meetings” law for subdivisions (not condominiums). Due to its importance, […]
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Major Changes For Ballots & Nominations In Large Subdivisions (SB 1168 §15)
Continue reading: Major Changes For Ballots & Nominations In Large Subdivisions (SB 1168 §15)As amended 209.00593 gives homeowners significant rights to run for the board in larger subdivisions (with more than 100 lots). […]
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Major Changes To The Process For Voting In Subdivisions (SB 1168 §11, SB 864)
Continue reading: Major Changes To The Process For Voting In Subdivisions (SB 1168 §11, SB 864)Amendments to 209.0058 again allow for secret ballots. The Legislature previously banned secret ballots, in the interest of voter security, […]
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Major Changes To Notice For Subdivisions Enforcing Rules (SB 1168 §17)
Continue reading: Major Changes To Notice For Subdivisions Enforcing Rules (SB 1168 §17)Subdivisions still must give notice by certified by mail, but no longer are required to pay for a return receipt. […]
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Chapter 209.00592 Protects Absent Owner Voting Rights (SB §1168 §14, SB 862)
Continue reading: Chapter 209.00592 Protects Absent Owner Voting Rights (SB §1168 §14, SB 862)The new statute specifies that all homeowners “must be allowed to vote by absentee ballot or proxy.” 209.00592(a-1). Such […]
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Chapter 209.0056 Clarifies Deadlines For Notice In Subdivisions (SB 1168 §9)
Continue reading: Chapter 209.0056 Clarifies Deadlines For Notice In Subdivisions (SB 1168 §9)209.0056(a) clarifies that, for elections or votes taken at meetings of members, subdivision associations must give at least 10 […]
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Chapter 209.0057 Clarifies Various Procedures For Recounts (SB 1168 §10)
Continue reading: Chapter 209.0057 Clarifies Various Procedures For Recounts (SB 1168 §10)The detail added to this subdivision seems much larger than the usefulness that we have seen to date in […]
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Homeowners Gain Rights To Have Standby Electric Generators (HB 939)
Continue reading: Homeowners Gain Rights To Have Standby Electric Generators (HB 939)Both in subdivisions and condominiums, homeowners now have rights to install and use standby electric generators (a defined term). […]
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Long-Aged Convictions No Longer Disqualify Subdivision Directors (HB 1072)
Continue reading: Long-Aged Convictions No Longer Disqualify Subdivision Directors (HB 1072)Previously, conviction of a felony, or crime of moral turpitude, barred homeowners from being directors. Now, that bar disappears […]
