Thursday at 5pm, we aired a story about a slew of new HOA laws that came out of this Legislative session. Some took effect in June, some yesterday… and some will start in January. We couldn’t include all 32 of the laws in our 2 minute report; but some of you have called and emailed asking where you can get a list. For your convenience, I am posting all of the new laws here. The summary of each new law is very general. For specifics and exceptions, refer to the House or Senate bill or the Texas Property Code to read the law in its entirety.
Rain Barrel Rules (Texas Prop. Code 202.007d) HB3391 Effective 9/1/11
HOAs must permit owners to install and use rain-harvesting devices if they meet certain architectural requirements.
Solar Panels (Texas Property Code 202.010) HB 362 Effective 6/20/11
HOAs must permit owners to install solar panels with certain permissable limitations.
Storm Shingles (Texas Property Code 202.011) HB 362 Effective 6/20/11
HOAs must allow owners to install shingles of certain materials made to resist wind and hall, provide heating/ cooling efficiency, or generate solar energy.
Flags (Texas Property Code 202.011) HB 2779 Effective 6/20/11
HOAs must permit owner to display the US, Texas or military branch flag, with permissible limitations.
Religious Display (Texas Property Code 202.018) HB 1278 Effective 6/20/11
HOAs must allow an owner to display religious items on his front door or doorframe, with certain permissible limitations.
Open Board Meetings (Texas Property Code 209-0051) HB 2761 Effective 1/1/12
Board Meetings (regular and special) must be open to owners, with some exceptions.
Meeting Notice (Texas Prop. Code 209.0056) HB 2761 Effective 1/1/12
HOAs must give owners notice of an HOA-wide election or vote.
Recount Procedures (Texas Prop. Code 209.0057) HB 2761 Effective 1/1/12
HOAs must conduct a recount of an election vote if requested by an owner.
No Secret Ballots (Texas Prop. Code 209.0058) HB 2761 Effective 9/1/11
Secret Ballots are prohibited.
Owner Voting Rights (Texas Prop. Code 209.0059) HB 2761 Effective 9/1/11
Owners may not be disqualified from voting for any reason.
Director Qualifications (Texas Prop. Code 209.00591 & .00592) HB 2761 Effective 9/1/11
Owner director qualifications are void; all owners may run for the Board.
Developer Director Transition (Texas Prop. Code 209.00591c) HB 2761 Effective 1/1/12
Establishes time frame when non-declarant owners must be elected to the Board.
Electronic & Absentee Ballots (Texas Prop Code 209.00593 & .00592) SB 472 & HB 2761 Eff. 9/1/11
Electronic and absentee ballots votes are valid if the ballots meet certain requirements.
Director Appointment (Texas Prop. Code 209.00593) HB 2761 Effective 1/1/12
Directors may not be appointed to positions whose terms have expired.
Election Vote Tabulators (Texas Prop. Code 209.00594) SB 472 & HB 2761 Effective 9/1/11