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
Only election vote tabulators allowed access to ballots.
Annual Meetings & Elections (Texas Prop. Code 209.014) HB 2761 Effective 1/1/12
HOAs must hold annual meetings or owners may themselves call an election meeting.
Recording Requirement (Texas Prop. Code 202.006) HB 1821 Effective 1/1/12
Unrecorded HOA dedicatory instruments are of “no effect.”
Website Posting (Texas Prop. Code 207.006) HB 1821
An HOAs dedicatory instruments must be posted on an HOA “publicly accessible” HOA website that must include copies of all governing documents of the HOA (i.e., declaration, bylaws, rules, articles and all amendments).
Declaration Amendment (Texas Prop. Code 209.0041 (SB 472) Effective 9/1/11
Declarations may be amended by 67% of the Owners (or less stated in the declaration).
Open Records (Texas Prop. Code 209.005) HB 2761 Effective 1/1/12
HOAs must adopt and file an open records policy; open records procedures established.
Records Retention Policy (Texas Prop. Code 209.005m) HB 2761 Effective 1/1/12
HOAs must adopt a records retention policy; certain statutory time frames established.
Military Notice (Texas Prop. Code 209.006b) HB 1127 Effective 1/1/12
Mandatory inclusion of military notice established.
Payment Plan Guidelines (Texas Prop. Code 209.0062) HB 1228 & HB 1821 Effective 1/1/12
Payment plans required and guidelines are mandated.
Application of Payments (Texas Prop. Code 209.0063) HB 1228 Effective 1/1/12
Mandatory application of payments schedule. States HOA must apply owners’ payments in the following order: delinquent assessments, current assessments, attorney fees or third party collection costs, other attorney fees, fines, other amounts.
Third Party Collections (Texas Prop. Code 209.0064) HB 1228 Effective 1/1/12