New State Laws Effective as of September 1st

The 2015 Texas Legislative Session brought new changes to statutes affecting owners associations in a myriad of topics. For the complete text of the new statutes, visit the link at . Below are the highlights:

  1. HB 745. Transportation Code Section 430.002 has been amended to allow an association to install solar-powered LED stop signs.
  1. HB 939. Section 202.019 has been added to the Property Code regulating standby electric generators.
  1. HB 1072. Property Code Section 209.00591(b) has been amended to place a 20 year limit on a conviction that can prevent a member from serving on the board.
  1. HB 1455. Chapter 82 of the Property Code has been amended to add Section 82.119 and 82.120, addressing procedures for condominium associations in initiating construction defects litigation.
  1. HB 2489. Section 209.016 has been added to the Property Code regulating lease restrictions, prohibiting association approval of tenants and association requirement of a credit report or lease application.
  1. HB 3089. (Applies to Bexar County only) Subchapter B has been added to Health and Safety Code Chapter 766 regulating fire protection sprinkler systems in high-rise buildings.
  1. SB 862. Section 209.00592 of the Property Code has been amended to establish that an association is not required to provide more than one voting method as along as an owner may vote by absentee ballot or proxy.
  1. SB 864. Section 209.058 of the Property Code has been amended to allow secret ballot voting with certain procedural requirements.
  1. SB 1168. This omnibus bill mainly amended Chapter 209 of the Property Code. Here are the highlights of the bill:

a.The biggest change of the entire legislative session was the   amendment of Section 209.0092(a), which appears to provide a statutory power of sale to conduct a non-judicial foreclosure to an association whose governing documents provide for the right of foreclosure.

b. Section 209.0091 has been amended to modify procedures regarding pre-foreclosure notice to lienholders.

c. Sections 209.0062 and 0064 have been amended modifying the requirements of payment plans.

d. Sections 209.002, 209.0051 209.00593 and 209.0041 have been amended regarding the development period.

e. Section 209.002 has been amended to provide for notices by verified mail, and Section 209.0042 has been added regarding association/owner agreements regarding methods of notice.

f. Section 209.0041 has been amended clarifying the required vote to amend declarations.

g. Section 209.051 has been amended regarding board meetings.

h. Sections 209.00592, 209.00593, 209.00594, 209.0056, 209.0057, 209.0058 and 209.0059 have been amended regarding election procedures.

i. Section 209.00591 has been amended to allow bylaws to require directors to reside in the subdivision so long as all of the directors are not required to be residents.

j. Section 209.006 has been amended to create two categories of covenant violations – curable and uncurable, and modifies the notice requirements for enforcement.

k.  Adds Chapter 213 to the Property Code regulating the process of eliminating a golf course or country club restriction on land that can be re-developed.

  1. SB 1626. Section 202.010(a) of the Property Code has been amended to limit the size of a development to less than 51 units for a developer to be allowed to restrict the installation of solar energy devices.
  1. SB 1852. (Applies to Polk, San Jacinto and Trinity Counties only) Section 211.002 of the Property Code has been amended to regulate the procedure for amendments to restrictions.

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