While commonly referred to as "HOAs", Texas law uses the term "property owners' associations." . The 5 Types of HOA Meetings. Termination Procedure if the Condominium Development Property is not to Be Sold Following Termination, 2.12.4 Post-Termination Distribution of Condominium Associations Assets, 2.12.5 Rescission of Termination Agreement, 2.13 Foreclosure of a Lien Against All or Part of a Condominium Development, 2.15 Organization and Powers of a Condominium Association, 2.15.1 General Powers of Condominium Associations, 2.15.2 Power of Condominium Associations to Evict or Collect Rents from a Unit Owners Tenants, 2.15.3 Power of Condominium Associations to Sell Real Property in the Condominium Development, 2.15.4 Power of Condominium Associations to Terminate Certain Contracts Without Penalty, 2.15.5 Regulations on the Powers of Condominium Associations, 2.16 Directors and Officers of a Condominium Association, 2.16.1 Transition of Control of Condominium Associations, 2.16.2 Duty of Care of Directors and Officers of Condominium Associations, 2.17 Bylaws of Condominium Associations, 2.18 Meetings, Quorums, Voting, and Proxies, 2.18.1 Notice of Board of Directors and Membership Meetings, 2.18.4 Voting, Use of Proxies, and Cumulative Voting, 2.19.1 Commercial General Liability Insurance, 2.19.3 Other Insurance Coverage Required by Declaration or Deemed Appropriate by the Board of Directors, 2.19.4 Additional Insurance Requirements, 2.20 Authority to Levy Assessments and Establishment of an Assessment Lien, 2.20.2 Establishment of an Assessment Lien, 2.20.3 Notification of Unit Owners Assessment Delinquency to Other Lienholders, 2.20.4 Acceptance of a Deed in Lieu of Foreclosure and Bidding on a Unit at a Foreclosure Sale, 2.20.5 Redemption of a Unit Following Foreclosure, 2.21 Books and Records and Annual Audit Requirements, 2.21.1 Books and Records Required to Be Kept by Condominium Associations, 2.21.2 Inspection of Books and Records by Unit Owners, 2.25 Violation of the Texas Uniform Condominium Act and Enforcement of a Condominium Associations Governing Documents, CHAPTER 3 FORMATION AND ADMINISTRATION OF TEXAS HOMEOWNERS ASSOCIATIONS, 3.1 Formation of and Laws Applicable to the Administration of Texas Homeowners Associations, 3.1.1 Texas Law Governing Nonprofit Corporation HOAs, 3.1.2 Texas Law Governing Unincorporated Nonprofit Associations, 3.2 Management of Nonprofit Corporation HOAs by a Board of Directors, 3.3 Transition of Control of a Board of Directors from Declarant to Homeowners, 3.4 Number of Directors on the Board and Manner of Appointment or Election of Members to the Board of Directors, 3.4.1 Number of Directors on the Board of Directors, 3.4.2 Manner of Appointment and Election of Directors, 3.5 Eligibility Requirements and Qualifications to Serve as a Director of a Texas Nonprofit Corporation HOA, 3.7 Resignation or Removal of Directors from the Board, 3.8 Filling a Vacancy on the Board of Directors, 3.8.1 Manner of Filling a Vacancy on a Condominium Associations Board of Directors, 3.8.2 Manner of Filling a Vacancy on a Subdivision Associations Board of Directors, 3.9 Corporate Officers of a Nonprofit Corporation HOA, 3.10 Election or Appointment of Officers, 3.11 Eligibility Requirements and Qualifications to Serve as an Officer, 3.13 Committees of a Nonprofit Corporation HOA, 3.14 Ex Officio Members of the Board of Directors, 3.15 Duty of Care of Directors and Officers, 3.15.1. These documents can be quite substantial. The answer is, just the owners (the persons who hold legal title to property within the residential subdivision) and their personal representatives are entitled to attend. An HOA meeting is a gathering where residents and HOA board members discuss community-related topics. These issues include the imposition of fines, damage assessments, initiation of foreclosure or enforcement actions (except TROs or violations involving a threat to health or safety), increases in assessments or levying special assessments, appeals from denials of architectural control approval, and suspending a right of an owner before the owner has had the opportunity to attend a board meeting and present the owners position. Application of the Business Judgment Rule under the Texas Nonprofit Corporation Law, 3.15.5. . The notice of Board Meeting refers to a document that is sent to all directors of the company. Saunders, Walsh & Beard is a business and litigation law firm in McKinney, Texas. Alternatively the notice can be e-mailed to owners who have registered an email address with the HOA, or it can be posted on the HOA's website. A Homeowner will be allotted (5 minutes) for their questions and comments. Code 4920.) But any action taken without notice to the owners must be summarized orally and documented in the minutes of the next regular or special board meeting. (1) the corporation shall implement reasonable measures to verify that each person deemed present and entitled to vote at the meeting by means of remote communication is a member; and (2) the corporation shall implement reasonable measures to provide each member participating by means of remote communication with a reasonable opportunity to Civil Code Section 4920. 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. Completed in 1980, Lake Fork was designed from the start to be a premier bass fishing lake. The purpose of the meeting is to discuss an emergency data breach. Additionally, this section includes a list of items upon which an association may not vote without first providing notice to members. Senate Bill 1588 modifies Section 209.0064 of the Texas Property Code, which requires written notice of a delinquent account be sent to property owners by a property owners association that administers a subdivision development before the property owner can be made liable for the fees of a collection agent. Section 207.003 also now allows a court to award damages up to $5,000 (instead of $500) in such a lawsuit. Texas law requires property owners' associations to hold annual meetings of their members. Meetings. Delivery of Notice to Members The Open Meeting Act grants HOA members the right to speak at membership meetings and open board meetings, except for executive session board meetings. Simple Texas HOA Board Meeting Rules Serving on a homeowners association (HOA) board comes with a variety of challenges, but getting the most out of your board meetings doesn't have to be one of them. Notice of executive sessions is also required and should identify the specific paragraph(s) of the statute that allows the board to meet in executive sessions. Members of a property owners' association must be given notice of board meetings containing the date, time, location, and subject of the meeting. The other main concern or question we hear regarding executive sessions is about attendance. before the regular board meeting? There are different types of HOA meetings and each one serves a different purpose. Termination Procedure if the Condominium Development Property is to Be Sold Following Termination, 2.12.3. SB 1588 caps the fee at $375. Fining Committee shall conduct themselves at all Meetings, including Board Meetings, Annual meetings of the members, and . Civil Code Section 4045. This legal research guide provides information on homeowners associations in Texas, including links to relevant statutes, practice aids, and information in plain English., https://guides.sll.texas.gov/property-owners-associations, State Bar of Texas Lawyer Referral Service, Section 209.014 of the Texas Property Code, Section 22.153 of the Texas Business Organizations Code, Section 22.154 of the Texas Business Organizations Code, Section 209.0051 of the Texas Property Code, Section 209.0051(h) of the Texas Property Code, Section 209.005 of the Texas Property Code, Section 209.0055 of the Texas Property Code, Section 209.0059 of the Texas Property Code, Section 22.158 of the Texas Business Organizations Code, Section 209.058 of the Texas Property Code, Section 209.00592 of the Texas Property Code, Please take our patron satisfaction survey, By mailing notice to the owners no less than 10 days and no more than 60 days before the meeting; or, By posting notice of the meeting in a common area of the property or on the property owners' association's website and e-mailing the owners at least 144 hours before a regular board meeting (or at least 72 hours before a special board meeting), Adoptions or amendments of dedicatory instruments, Filling vacancies on the board or electing officers, The members who are entitled to notice of the impending meeting, The members who are not entitled to notice of the impending meeting, The number of votes each voting member is allowed to cast, Adoptions or amendments of dedicatory instruments such as bylaws or restrictive covenants, Each proposed action and the opportunity to vote for or against each action, Instructions for how and where to submit a completed ballot, Language required by law regarding the member's inability to participate in and vote on any amendments to the proposals raised at the meeting. It allows a member to demand a meeting if the board fails to call one. If it's a meeting that is to be held over the phone, information on how to connect and listen must be provided in the notice. Senate Bill 1588 adds Section 209.00505 to the Texas Property Code, which imposes new rules on the denial of an application by an architectural committee for a subdivision development with more than 40 lots and creates a procedure for appealing such a denial to the property owners associations board of directors. This section requires written and signed ballots for some votes by property owners' associations. Prop. Open Meeting laws may also be referred to as Sunshine Laws, meaning that the business of the board is to be conducted 'in the sunshine,' or in the open, and the public may attend. Notice of Proposal Once the board has proposed an amendment, they must send out a notice between 10 and 30 days before the next board meeting; no more, no less. Approval of a Solar Energy Device by an Architectural Committee, 10.8.4 Non-Application of Section 202.010 during a Development Period, 10.9 Protected Display of the United States, Texas, and Military Service Branch Flags under Section 202.011 of the Texas Property Code, 10.10 Protection of Weather-Resistant and Energy-Conserving Shingles under Chapter 202.011 of the Texas Property Code, 10.11 Protected Display of Certain Religious Items on the Entry to a Home under Section 202.018 of the Texas Property Code, 10.12 Invalidation of Restrictive Covenants that Require Wood Shingles or that Discriminate Against a Person on the Basis of his or her Race, Color, Religion, or National Origin under Chapter 5 of the Texas Property Code, CHAPTER 11 AMENDMENT OF GOVERNING DOCUMENTS, 11.2 Procedures for Amendment of Articles of Incorporation under the Texas Nonprofit Corporation Law, 11.2.1 Procedures for Approving an Amendment to the Articles of Incorporation, 11.2.2 Procedures for filing an Amendment of the Articles of Incorporation with the Texas Secretary of State, 11.3 Procedures for and Restrictions on the Amendment of Bylaws, 11.4 Procedures for Amendment of a Condominium Declaration under the Texas Uniform Condominium Act, 11.4.1 General Requirements for Amendment of a Condominium Declaration, 11.4.2 Voting Requirements for Certain Amendments of a Condominium Declaration, 11.4.3 Procedures for Approval of an Amendment to a Condominium Declaration by Unit Owners, 11.4.4 Recording of an Amendment to a Condominium Declaration in the Local Official Public Records, 11.4.5 Legal Challenge to the Validity of an Amendment to a Condominium Declaration, 11.5 Procedures for Amendment of a Subdivision Declaration under Chapter 209 of the Texas Property Code, 11.5.1 General Amendments of a Subdivision Declaration under Section 209.0041, 11.5.2 Amendment of a Subdivision Declaration to Grant or Remove a Subdivision Associations Authority to Foreclose its Assessment Lien under Section 209.0093, 11.5.3 Recording of an Amendment to a Subdivision Declaration in the Local Official Public Records, 11.6 Procedures for Extending, Creating or Modifying a Declaration of a Residential Subdivision Development Located in either: a City with a Population of More than 100,000; in an Unincorporated Area of Harris County; or in Brazoria, Fort Bend, Galveston, Liberty, Montgomery, or Waller County under Chapter 201 of the Texas Property Code, 11.6.1 Applicability of Chapter 201 Procedures, 11.6.2 Procedures for Extension, Creation, and/or Modification of a Declaration under Chapter 201, 11.6.3 Exclusion of Lots from the Application of a Declaration that is Extended, Created, and/or Modified under Chapter 201, 11.6.4 Judicial Challenge of a Chapter 201 Petitions Compliance with the Procedural Requirements of Chapter 201 or to Exclude a Lot From the Application of an Extended, Created, and/or Modified Declaration, 11.7 Procedures for Extending or Modifying a Declaration of a Residential Subdivision Development and/or establishing a Mandatory-Membership Subdivision Association Located in Harris, Galveston, or Montgomery County under Chapter 204 of the Texas Property Code, 11.7.1 Declarations that May Be Extended or Modified under the Procedures Set Forth by Chapter 204, 11.7.2 Procedures for Extending and/or Modifying an Existing Declaration under Chapter 204, 11.7.3 Procedures for Creation of a Mandatory-Membership Subdivision Association under Chapter 204, 11.7.4 Vesting of Architectural Control Authority in Certain Applicable Subdivision Developments under Chapter 204, 11.8 Procedures for Amending a Declaration for Certain Limited Purposes by a Board of Directors of a Texas Homeowners Association Located in a Texas County With a Population of 65,000 or More under Chapter 205 of the Texas Property Code, 11.9 Procedures for Extending a Declaration Applicable to the Clear Lake City Community Association in Harris County, Texas, under Chapter 206 of the Texas Property Code, 11.10 Procedures for Amendment and/or Termination of a Declaration in a Historic Neighborhood Located in the Houston Heights Area of the City of Houston under Chapter 208 of the Texas Property Code, 11.10.1 Applicability of Chapter 208 to Historic Neighborhoods, 11.10.2 Procedures for Amendment or Termination of a Historic Preservation Declaration, 11.10.3 Defenses to Enforcement of a Historic Preservation Declaration, 11.11 Procedures for Extension or Modification of a Declaration Applicable to a Residential Subdivision Development located in Smith, Cherokee, Henderson, Rusk, or Van Zandt County by Petition under Chapter 210 of the Texas Property Code, 11.11.1 Procedures for Amendment of a Declaration under Chapter 210, 11.11.2 Certification of Results of a Chapter 210 Petition Vote and Binding Effect of an Approved Chapter 210 Petition, 11.12 Procedures for Amendment or Modification of Certain Limited Declarations Applicable to Residential Subdivision Developments Located in Unincorporated Areas of Texas Counties with a Population of Less Than 65,000 under Chapter 211 of the Texas Property Code, 11.13 Procedures for Adopting an Extension of a Declaration by a Majority Vote of Lot Owners in Certain Subdivision Developments located in Houston, Texas, under Chapter 212 of the Texas Property Code, 11.13.1 Procedures for Extension of an Applicable Declaration, 11.13.2 Effective Date and Length of an Approved Extension Period, 11.13.3 Termination of an Extended Declaration, 11.13.4 Applicability of an Extended Declaration and Exclusion of Unconstitutional Restrictions, 11.13.5 Use of Extension Procedures Set Forth in the Declaration, CHAPTER 12 RIGHTS AND DUTIES OF TEXAS HOMEOWNERS, 12.2 Homeowners Contractual Duty to Comply with Restrictive Covenants and Pay Assessments, 12.3 Unit Owners Statutory Duty to Comply with a Condominium Associations Declaration and Pay Assessments, 12.4 Unit Owners Statutory Duty to Disclose Certain Information to a Condominium Association, 12.5 Homeowners Right to Enforce Restrictive Covenants, 12.5.1. If board members will be elected during the meeting, the candidate solicitations should be sent to the association 10 days before the annual meeting notice is sent, which should also be 20 days before the annual meeting date. 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). Assistant General Counsel . Senate Bill 1588 adds Section 202.022 of the Texas Property, which prohibits property owners associations from adopting or enforcing a restrictive covenant that restricts a property owner from installing on the owners property a swimming pool enclosure that conforms to applicable state or local safety requirements. Limitations on Board Meetings. You'll need to check with your HOA board and governing documents for details for your HOA's specific rules. Minutes of all official meetings must be kept on record for 7 years. The regulations for how new rules can be enacted should be outlined in your CC&Rsand if the HOA isn't following its own. This bill takes effect on June 15, 2021. Topics that must be held at open meetings include considerations and votes on the following topics, among others: Meeting minutes are part of the property owners' association records and must be made available to members of the association. HOUSTON, Texas, May 26, 2015 (GLOBE NEWSWIRE) --. Such new and modified statutory laws are summarized as follows: HOUSE BILL 1659 Reduced Application of Declaration Amendment Procedures under Chapter 209. WHEREAS Texas Property Code 209.0051 (e) becomes effective January 1, 2012, requiring associations to provide notice to all members of Board Meetings, and. We hope this breakdown of the board and annual meeting notice requirements has been helpful to you! . If an HOA manages more than 14 lots, it is required to keep certain documents on file and available to homeowners: Financial records must be kept on file for 7 years. Explore our practice areas and see why the attorneys of Saunders, Walsh & Beard are ranked by their clients and peers as among the best in their fields. Section 82.1141 now makes all Texas homeowners associations subject to the same procedures for the inspection and production of their books and records. Fifth, and finally, an HOA board may hold an "emergency" or "special" session. 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