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"Special respect for individual liberty in the home has long been part of our culture and law."
- recognized by the United States Supreme Court in City of Ladue v. Gilleo, 512 U.S. 43, 58 (1994).

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Homeowner Rights in Texas HOAs:

Subdivisions, Townhomes & Condominiums

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Homeowner Rights in Texas HOAs:→Author David Kahne 1 2 >>

Author Archives: David Kahne

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Beanie Adolph and I congratulate Mary Lou Durham!

Homeowner Rights in Texas HOAs: Posted on November 12, 2015 by David KahneNovember 12, 2015
David Kahne, Mary Lou Durham, Beanie Adolph Continue reading →
Posted in Announcements

Thank you, Senator Royce West, Representative Dwayne Bohac, and Governor Greg Abbott

Homeowner Rights in Texas HOAs: Posted on September 14, 2015 by David KahneSeptember 18, 2015

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, … Continue reading →

Posted in Announcements

Overview of Changes to HOA Law in the 2015 Legislative Session

Homeowner Rights in Texas HOAs: Posted on September 14, 2015 by David KahneSeptember 14, 2015

For homeowners, the most important legislation was Senate Bill 1168.  This was an “omnibus bill” – meaning that it affects many different statutes (all part of the Property Code).  Most of this bill affects subdivisions, but some affects condominiums.  In … Continue reading →

Posted in 2015 Statutes

Major Changes To The “Open Meetings” Mandate For Subdivisions (SB 1168 §8)

Homeowner Rights in Texas HOAs: Posted on September 13, 2015 by David KahneSeptember 14, 2015

Amendments to Chapter 209.0051 make significant changes to the “open meetings” law for subdivisions (not condominiums).  Due to its importance, I review the entire statute as now in effect.  Homeowners, and associations, should study this now! Initially, 209.0051(a) continues to … Continue reading →

Posted in 2015 Statutes

Major Changes For Ballots & Nominations In Large Subdivisions (SB 1168 §15)

Homeowner Rights in Texas HOAs: Posted on September 13, 2015 by David KahneSeptember 14, 2015

As amended 209.00593 gives homeowners significant rights to run for the board in larger subdivisions (with more than 100 lots).  First, the associations must solicit owners to run for the board at least 10 days before an association distributes ballots … Continue reading →

Posted in 2015 Statutes

Major Changes To The Process For Voting In Subdivisions (SB 1168 §11, SB 864)

Homeowner Rights in Texas HOAs: Posted on September 13, 2015 by David KahneSeptember 14, 2015

Amendments to 209.0058 again allow for secret ballots.  The Legislature previously banned secret ballots, in the interest of voter security, but once again allows them – subject to new protections for homeowners. The phrasing is awkward, but generally associations have … Continue reading →

Posted in 2015 Statutes

Major Changes To Notice For Subdivisions Enforcing Rules (SB 1168 §17)

Homeowner Rights in Texas HOAs: Posted on September 13, 2015 by David KahneSeptember 14, 2015

Subdivisions still must give notice by certified by mail, but no longer are required to pay for a return receipt. 209.006(a).   The exception to notice based on past violations was made even larger, being moved to 209.006(d). The statute now … Continue reading →

Posted in 2015 Statutes

Chapter 209.00592 Protects Absent Owner Voting Rights (SB §1168 §14, SB 862)

Homeowner Rights in Texas HOAs: Posted on September 13, 2015 by David KahneSeptember 14, 2015

  The new statute specifies that all homeowners “must be allowed to vote by absentee ballot or proxy.” 209.00592(a-1).  Such votes by absent owners cannot be disqualified simply by making a nomination for board member from the floor during an … Continue reading →

Posted in 2015 Statutes

Chapter 209.0056 Clarifies Deadlines For Notice In Subdivisions (SB 1168 §9)

Homeowner Rights in Texas HOAs: Posted on September 13, 2015 by David KahneSeptember 14, 2015

  209.0056(a) clarifies that, for elections or votes taken at meetings of members, subdivision associations must give at least 10 (but not more than 60) days notice.  That is unchanged. 209.0056(a-1) clarifies that, for elections or votes not taken at … Continue reading →

Posted in 2015 Statutes

Chapter 209.0057 Clarifies Various Procedures For Recounts  (SB 1168 §10)

Homeowner Rights in Texas HOAs: Posted on September 13, 2015 by David KahneSeptember 14, 2015

  The detail added to this subdivision seems much larger than the usefulness that we have seen to date in recounts.  However, if a homeowner seeks a recount, study this (and note that elsewhere the new 209.009(3) limits foreclosure based … Continue reading →

Posted in 2015 Statutes

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Texans need better laws to protect homeowners. Many of our subdivisions and condominiums need improvement. Both can be accomplished if property owners join together for advocacy at the Legislature and in their associations. For most legislative work and general policy development, I volunteer with the HOA Reform Coalition of Texas, and other good groups exist across Texas. If you want better laws and better communities, now, please join here, and please share your thoughts, concerns, and success stories!

Overview of 2021 Laws

In 2021, Governor Greg Abbott signed an important set of new statutes, several of which are quite helpful. Other statutes, while incomplete, show a potential for good laws in the future. Read my evaluation of how the new laws help (or hurt) homeowners.

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The following DISCLAIMER is important. I offer this web site, and blogs, to express opinions that I hope help homeowners. These legal opinions are not guaranteed in any way: (1) it is always possible that some courts will not agree with my interpretations -- some courts (in my opinion) unduly protect associations at the expense of homeowners; (2) in any dispute with an association, the outcome depends in significant part on governing documents and details of facts that vary widely; and (3) I may change my mind as I learn more. Therefore, this web page does not offer specific legal advice for any individual, and reading it does not make you my client. If you want to learn specifically about your rights – how the law or your association’s governing documents may affect you – or if you may want to sue a homeowners association, or if you have been sued by your subdivision, townhome, or condominium, I urge you to seek a lawyer to evaluate your personal situation. Most lawyers, myself included, will want a signed agreement (called a retainer) before they provide advice specific to an individual person or family.
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