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 →

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 →

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 →

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 →

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 →

  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 →

  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 →

  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 →

  Both in subdivisions and condominiums, homeowners now have rights to install and use standby electric generators (a defined term). 202.019 (a & b).  However, associations have a fairly large number of categories in which they can regulate. 202.019(c). The … Continue reading →

  Previously, conviction of a felony, or crime of moral turpitude, barred homeowners from being directors.  Now, that bar disappears 20 years after the conviction. 209.00591(b).

  Subdivisions and condominiums (among others) now can avoid some liability for land “used for recreational gardening by a group of people residing in a neighborhood or community for the purpose of providing fresh produce for the benefit of the … Continue reading →

  Chapter 209.016 now protects privacy of certain information relating to leases of homes in subdivisions.  It also limits the rights of subdivisions to exclude certain tenants based on a consumer or credit report.

  Chapter 202.010(f) now allows homeowners in subdivisions and condominiums to install solar energy devices in residential units, if there are more than 50 lots.  Residential units are limited to single family homes and separate living units in a duplex, … Continue reading →

This new statute allows subdivision associations (not condominiums) to develop new ways to give notice to homeowners.  However, there are two important limits:  if existing law prescribes how notice must be given for some purposes, the association can use a … Continue reading →