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AN ACT
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relating to meetings, elections, and records of certain property |
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owners' associations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 209.003, Property Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) The following provisions of this chapter do not apply to |
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a property owners' association that is a mixed-use master |
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association that existed before January 1, 1974, and that does not |
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have the authority under a dedicatory instrument or other governing |
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document to impose fines: |
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(1) Section 209.005(c); |
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(2) Section 209.0056; |
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(3) Section 209.0057; |
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(4) Section 209.0058; and |
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(5) Section 209.00592. |
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SECTION 2. Section 209.005, Property Code, is amended to |
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read as follows: |
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Sec. 209.005. ASSOCIATION RECORDS. (a) Except as provided |
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by Subsection (b), this section applies to all property owners' |
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associations and controls over other law not specifically |
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applicable to a property owners' association. |
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(b) This section does not apply to a property owners' |
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association that is subject to Chapter 552, Government Code, by |
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application of Section 552.0036, Government Code. |
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(c) Notwithstanding a provision in a dedicatory instrument, |
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a [A] property owners' association shall make the books and records |
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of the association, including financial records, open to and |
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reasonably available for examination by [to] an owner, or a person |
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designated in a writing signed by the owner as the owner's agent, |
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attorney, or certified public accountant, in accordance with this |
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section. An owner is entitled to obtain from the association copies |
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of information contained in the books and records [Section B,
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Article 2.23, Texas Non-Profit Corporation Act (Article 1396-2.23,
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Vernon's Texas Civil Statutes)]. |
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(d) Except as provided by this subsection, an [(a-1)
A
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property owners' association described by Section 552.0036(2),
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Government Code, shall make the books and records of the
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association, including financial records, reasonably available to
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any person requesting access to the books or records in accordance
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with Chapter 552, Government Code.
Subsection (a) does not apply to
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a property owners' association to which this subsection applies.
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[(b) An] attorney's files and records relating to the |
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property owners' association, excluding invoices requested by an |
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owner under Section 209.008(d), are not[:
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[(1)] records of the association and are not[;
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[(2)] subject to inspection by the owner[;] or |
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[(3) subject to] production in a legal proceeding. If |
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a document in an attorney's files and records relating to the |
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association would be responsive to a legally authorized request to |
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inspect or copy association documents, the document shall be |
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produced by using the copy from the attorney's files and records if |
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the association has not maintained a separate copy of the document. |
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This subsection does not require production of a document that |
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constitutes attorney work product or that is privileged as an |
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attorney-client communication. |
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(e) An owner or the owner's authorized representative |
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described by Subsection (c) must submit a written request for |
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access or information under Subsection (c) by certified mail, with |
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sufficient detail describing the property owners' association's |
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books and records requested, to the mailing address of the |
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association or authorized representative as reflected on the most |
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current management certificate filed under Section 209.004. The |
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request must contain an election either to inspect the books and |
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records before obtaining copies or to have the property owners' |
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association forward copies of the requested books and records and: |
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(1) if an inspection is requested, the association, on |
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or before the 10th business day after the date the association |
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receives the request, shall send written notice of dates during |
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normal business hours that the owner may inspect the requested |
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books and records to the extent those books and records are in the |
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possession, custody, or control of the association; or |
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(2) if copies of identified books and records are |
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requested, the association shall, to the extent those books and |
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records are in the possession, custody, or control of the |
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association, produce the requested books and records for the |
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requesting party on or before the 10th business day after the date |
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the association receives the request, except as otherwise provided |
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by this section. |
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(f) If the property owners' association is unable to produce |
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the books or records requested under Subsection (e) on or before the |
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10th business day after the date the association receives the |
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request, the association must provide to the requestor written |
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notice that: |
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(1) informs the requestor that the association is |
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unable to produce the information on or before the 10th business day |
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after the date the association received the request; and |
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(2) states a date by which the information will be sent |
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or made available for inspection to the requesting party that is not |
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later than the 15th business day after the date notice under this |
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subsection is given. |
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(g) If an inspection is requested or required, the |
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inspection shall take place at a mutually agreed on time during |
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normal business hours, and the requesting party shall identify the |
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books and records for the property owners' association to copy and |
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forward to the requesting party. |
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(h) A property owners' association may produce books and |
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records requested under this section in hard copy, electronic, or |
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other format reasonably available to the association. |
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(i) A property owners' association board must adopt a |
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records production and copying policy that prescribes the costs the |
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association will charge for the compilation, production, and |
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reproduction of information requested under this section. The |
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prescribed charges may include all reasonable costs of materials, |
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labor, and overhead but may not exceed costs that would be |
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applicable for an item under 1 T.A.C. Section 70.3. The policy |
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required by this subsection must be recorded as a dedicatory |
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instrument in accordance with Section 202.006. An association may |
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not charge an owner for the compilation, production, or |
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reproduction of information requested under this section unless the |
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policy prescribing those costs has been recorded as required by |
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this subsection. An owner is responsible for costs related to the |
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compilation, production, and reproduction of the requested |
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information in the amounts prescribed by the policy adopted under |
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this subsection. The association may require advance payment of |
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the estimated costs of compilation, production, and reproduction of |
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the requested information. If the estimated costs are lesser or |
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greater than the actual costs, the association shall submit a final |
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invoice to the owner on or before the 30th business day after the |
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date the information is delivered. If the final invoice includes |
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additional amounts due from the owner, the additional amounts, if |
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not reimbursed to the association before the 30th business day |
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after the date the invoice is sent to the owner, may be added to the |
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owner's account as an assessment. If the estimated costs exceeded |
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the final invoice amount, the owner is entitled to a refund, and the |
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refund shall be issued to the owner not later than the 30th business |
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day after the date the invoice is sent to the owner. |
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(j) A property owners' association must estimate costs |
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under this section using amounts prescribed by the policy adopted |
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under Subsection (i). |
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(k) Except as provided by Subsection (l) and to the extent |
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the information is provided in the meeting minutes, the property |
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owners' association is not required to release or allow inspection |
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of any books or records that identify the dedicatory instrument |
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violation history of an individual owner of an association, an |
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owner's personal financial information, including records of |
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payment or nonpayment of amounts due the association, an owner's |
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contact information, other than the owner's address, or information |
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related to an employee of the association, including personnel |
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files. Information may be released in an aggregate or summary |
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manner that would not identify an individual property owner. |
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(l) The books and records described by Subsection (k) shall |
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be released or made available for inspection if: |
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(1) the express written approval of the owner whose |
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records are the subject of the request for inspection is provided to |
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the property owners' association; or |
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(2) a court orders the release of the books and records |
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or orders that the books and records be made available for |
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inspection. |
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(m) A property owners' association composed of more than 14 |
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lots shall adopt and comply with a document retention policy that |
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includes, at a minimum, the following requirements: |
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(1) certificates of formation, bylaws, restrictive |
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covenants, and all amendments to the certificates of formation, |
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bylaws, and covenants shall be retained permanently; |
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(2) financial books and records shall be retained for |
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seven years; |
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(3) account records of current owners shall be |
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retained for five years; |
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(4) contracts with a term of one year or more shall be |
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retained for four years after the expiration of the contract term; |
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(5) minutes of meetings of the owners and the board |
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shall be retained for seven years; and |
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(6) tax returns and audit records shall be retained |
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for seven years. |
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(n) A member of a property owners' association who is denied |
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access to or copies of association books or records to which the |
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member is entitled under this section may file a petition with the |
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justice of the peace of a justice precinct in which all or part of |
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the property that is governed by the association is located |
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requesting relief in accordance with this subsection. If the |
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justice of the peace finds that the member is entitled to access to |
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or copies of the records, the justice of the peace may grant one or |
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more of the following remedies: |
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(1) a judgment ordering the property owners' |
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association to release or allow access to the books or records; |
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(2) a judgment against the property owners' |
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association for court costs and attorney's fees incurred in |
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connection with seeking a remedy under this section; or |
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(3) a judgment authorizing the owner or the owner's |
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assignee to deduct the amounts awarded under Subdivision (2) from |
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any future regular or special assessments payable to the property |
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owners' association. |
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(o) If the property owners' association prevails in an |
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action under Subsection (n), the association is entitled to a |
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judgment for court costs and attorney's fees incurred by the |
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association in connection with the action. |
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(p) On or before the 10th business day before the date a |
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person brings an action against a property owners' association |
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under this section, the person must send written notice to the |
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association of the person's intent to bring the action. The notice |
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must: |
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(1) be sent certified mail, return receipt requested, |
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or delivered by the United States Postal Service with signature |
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confirmation service to the mailing address of the association or |
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authorized representative as reflected on the most current |
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management certificate filed under Section 209.004; and |
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(2) describe with sufficient detail the books and |
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records being requested. |
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(q) For the purposes of this section, "business day" means a |
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day other than Saturday, Sunday, or a state or federal holiday. |
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SECTION 3. Chapter 209, Property Code, is amended by adding |
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Sections 209.0051, 209.0056, 209.0057, 209.0058, 209.0059, |
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209.00591, 209.00592, and 209.00593 to read as follows: |
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Sec. 209.0051. OPEN BOARD MEETINGS. (a) This section does |
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not apply to a property owners' association that is subject to |
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Chapter 551, Government Code, by application of Section 551.0015, |
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Government Code. |
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(b) In this section: |
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(1) "Board meeting": |
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(A) means a deliberation between a quorum of the |
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voting board of the property owners' association, or between a |
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quorum of the voting board and another person, during which |
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property owners' association business is considered and the board |
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takes formal action; and |
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(B) does not include the gathering of a quorum of |
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the board at a social function unrelated to the business of the |
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association or the attendance by a quorum of the board at a |
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regional, state, or national convention, ceremonial event, or press |
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conference, if formal action is not taken and any discussion of |
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association business is incidental to the social function, |
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convention, ceremonial event, or press conference. |
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(2) "Development period" means a period stated in a |
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declaration during which a declarant reserves: |
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(A) a right to facilitate the development, |
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construction, and marketing of the subdivision; and |
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(B) a right to direct the size, shape, and |
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composition of the subdivision. |
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(c) Regular and special board meetings must be open to |
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owners, subject to the right of the board to adjourn a board meeting |
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and reconvene in closed executive session to consider actions |
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involving personnel, pending or threatened litigation, contract |
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negotiations, enforcement actions, confidential communications |
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with the property owners' association's attorney, matters involving |
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the invasion of privacy of individual owners, or matters that are to |
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remain confidential by request of the affected parties and |
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agreement of the board. Following an executive session, any |
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decision made in the executive session must be summarized orally |
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and placed in the minutes, in general terms, without breaching the |
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privacy of individual owners, violating any privilege, or |
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disclosing information that was to remain confidential at the |
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request of the affected parties. The oral summary must include a |
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general explanation of expenditures approved in executive session. |
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(c-1) Except for a meeting held by electronic or telephonic |
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means under Subsection (h), a board meeting must be held in a county |
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in which all or part of the property in the subdivision is located |
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or in a county adjacent to that county. |
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(d) The board shall keep a record of each regular or special |
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board meeting in the form of written minutes of the meeting. The |
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board shall make meeting records, including approved minutes, |
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available to a member for inspection and copying on the member's |
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written request to the property owners' association's managing |
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agent at the address appearing on the most recently filed |
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management certificate or, if there is not a managing agent, to the |
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board. |
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(e) Members shall be given notice of the date, hour, place, |
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and general subject of a regular or special board meeting, |
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including a general description of any matter to be brought up for |
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deliberation in executive session. The notice shall be: |
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(1) mailed to each property owner not later than the |
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10th day or earlier than the 60th day before the date of the |
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meeting; or |
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(2) provided at least 72 hours before the start of the |
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meeting by: |
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(A) posting the notice in a conspicuous manner |
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reasonably designed to provide notice to property owners' |
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association members: |
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(i) in a place located on the association's |
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common property or, with the property owner's consent, on other |
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conspicuously located privately owned property within the |
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subdivision; or |
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(ii) on any Internet website maintained by |
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the association or other Internet media; and |
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(B) sending the notice by e-mail to each owner |
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who has registered an e-mail address with the association. |
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(f) It is an owner's duty to keep an updated e-mail address |
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registered with the property owners' association under Subsection |
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(e)(2)(B). |
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(g) If the board recesses a regular or special board meeting |
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to continue the following regular business day, the board is not |
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required to post notice of the continued meeting if the recess is |
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taken in good faith and not to circumvent this section. If a |
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regular or special board meeting is continued to the following |
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regular business day, and on that following day the board continues |
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the meeting to another day, the board shall give notice of the |
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continuation in at least one manner prescribed by Subsection |
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(e)(2)(A) within two hours after adjourning the meeting being |
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continued. |
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(h) A board may meet by any method of communication, |
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including electronic and telephonic, without prior notice to owners |
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under Subsection (e), if each director may hear and be heard by |
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every other director, or the board may take action by unanimous |
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written consent to consider routine and administrative matters or a |
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reasonably unforeseen emergency or urgent necessity that requires |
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immediate board action. Any action taken without notice to owners |
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under Subsection (e) must be summarized orally, including an |
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explanation of any known actual or estimated expenditures approved |
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at the meeting, and documented in the minutes of the next regular or |
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special board meeting. The board may not, without prior notice to |
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owners under Subsection (e), consider or vote on: |
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(1) fines; |
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(2) damage assessments; |
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(3) initiation of foreclosure actions; |
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(4) initiation of enforcement actions, excluding |
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temporary restraining orders or violations involving a threat to |
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health or safety; |
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(5) increases in assessments; |
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(6) levying of special assessments; |
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(7) appeals from a denial of architectural control |
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approval; or |
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(8) a suspension of a right of a particular owner |
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before the owner has an opportunity to attend a board meeting to |
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present the owner's position, including any defense, on the issue. |
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(i) This section applies to a meeting of a property owners' |
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association board during the development period only if the meeting |
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is conducted for the purpose of: |
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(1) adopting or amending the governing documents, |
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including declarations, bylaws, rules, and regulations of the |
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association; |
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(2) increasing the amount of regular assessments of |
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the association or adopting or increasing a special assessment; |
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(3) electing non-developer board members of the |
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association or establishing a process by which those members are |
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elected; or |
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(4) changing the voting rights of members of the |
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association. |
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Sec. 209.0056. NOTICE OF ELECTION OR ASSOCIATION VOTE. (a) |
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Not later than the 10th day or earlier than the 60th day before the |
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date of an election or vote, a property owners' association shall |
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give written notice of the election or vote to: |
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(1) each owner of property in the property owners' |
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association, for purposes of an association-wide election or vote; |
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or |
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(2) each owner of property in the property owners' |
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association entitled under the dedicatory instruments to vote in a |
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particular representative election, for purposes of a vote that |
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involves election of representatives of the association who are |
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vested under the dedicatory instruments of the property owners' |
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association with the authority to elect or appoint board members of |
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the property owners' association. |
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(b) This section supersedes any contrary requirement in a |
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dedicatory instrument. |
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(c) This section does not apply to a property owners' |
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association that is subject to Chapter 552, Government Code, by |
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application of Section 552.0036, Government Code. |
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Sec. 209.0057. RECOUNT OF VOTES. (a) This section does |
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not apply to a property owners' association that is subject to |
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Chapter 552, Government Code, by application of Section 552.0036, |
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Government Code. |
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(b) Any owner may, not later than the 15th day after the date |
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of the meeting at which the election was held, require a recount of |
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the votes. A demand for a recount must be submitted in writing |
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either: |
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(1) by certified mail, return receipt requested, or by |
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delivery by the United States Postal Service with signature |
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confirmation service to the property owners' association's mailing |
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address as reflected on the latest management certificate filed |
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under Section 209.004; or |
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(2) in person to the property owners' association's |
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managing agent as reflected on the latest management certificate |
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filed under Section 209.004 or to the address to which absentee and |
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proxy ballots are mailed. |
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(c) The property owners' association shall, at the expense |
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of the owner requesting the recount, retain for the purpose of |
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performing the recount, the services of a person qualified to |
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tabulate votes under this subsection. The association shall enter |
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into a contract for the services of a person who: |
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(1) is not a member of the association or related to a |
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member of the association board within the third degree by |
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consanguinity or affinity, as determined under Chapter 573, |
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Government Code; and |
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(2) is: |
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(A) a current or former: |
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(i) county judge; |
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(ii) county elections administrator; |
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(iii) justice of the peace; or |
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(iv) county voter registrar; or |
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(B) a person agreed on by the association and the |
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persons requesting the recount. |
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(d) Any recount under Subsection (b) must be performed on or |
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before the 30th day after the date of receipt of a request and |
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payment for a recount in accordance with Subsections (b) and (c). |
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If the recount changes the results of the election, the property |
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owners' association shall reimburse the requesting owner for the |
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cost of the recount. The property owners' association shall |
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provide the results of the recount to each owner who requested the |
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recount. Any action taken by the board in the period between the |
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initial election vote tally and the completion of the recount is not |
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affected by any recount. |
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Sec. 209.0058. BALLOTS. (a) Any vote cast in an election |
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or vote by a member of a property owners' association must be in |
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writing and signed by the member. |
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(b) Electronic votes cast under Section 209.00592 |
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constitute written and signed ballots. |
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(c) In an association-wide election, written and signed |
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ballots are not required for uncontested races. |
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Sec. 209.0059. RIGHT TO VOTE. (a) A provision in a |
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dedicatory instrument that would disqualify a property owner from |
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voting in a property owners' association election of board members |
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or on any matter concerning the rights or responsibilities of the |
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owner is void. |
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(b) This section does not apply to a property owners' |
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association that is subject to Chapter 552, Government Code, by |
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application of Section 552.0036, Government Code. |
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Sec. 209.00591. BOARD MEMBERSHIP. (a) Except as provided |
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by this section, a provision in a dedicatory instrument that |
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restricts a property owner's right to run for a position on the |
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board of the property owners' association is void. |
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(b) If a board is presented with written, documented |
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evidence from a database or other record maintained by a |
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governmental law enforcement authority that a board member has been |
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convicted of a felony or crime involving moral turpitude, the board |
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member is immediately ineligible to serve on the board of the |
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property owners' association, automatically considered removed |
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from the board, and prohibited from future service on the board. |
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(c) The declaration may provide for a period of declarant |
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control of the association during which a declarant, or persons |
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designated by the declarant, may appoint and remove board members |
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and the officers of the association, other than board members or |
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officers elected by members of the property owners' association. |
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Regardless of the period of declarant control provided by the |
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declaration, on or before the 120th day after the date 75 percent of |
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the lots that may be created and made subject to the declaration are |
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conveyed to owners other than a declarant, at least one-third of the |
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board members must be elected by owners other than the declarant. |
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If the declaration does not include the number of lots that may be |
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created and made subject to the declaration, at least one-third of |
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the board members must be elected by owners other than the declarant |
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not later than the 10th anniversary of the date the declaration was |
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recorded. |
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Sec. 209.00592. VOTING; QUORUM. (a) The voting rights of |
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an owner may be cast or given: |
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(1) in person or by proxy at a meeting of the property |
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owners' association; |
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(2) by absentee ballot in accordance with this |
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section; |
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(3) by electronic ballot in accordance with this |
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section; or |
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(4) by any method of representative or delegated |
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voting provided by a dedicatory instrument. |
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(b) An absentee or electronic ballot: |
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(1) may be counted as an owner present and voting for |
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the purpose of establishing a quorum only for items appearing on the |
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ballot; |
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(2) may not be counted, even if properly delivered, if |
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the owner attends any meeting to vote in person, so that any vote |
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cast at a meeting by a property owner supersedes any vote submitted |
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by absentee or electronic ballot previously submitted for that |
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proposal; and |
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(3) may not be counted on the final vote of a proposal |
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if the motion was amended at the meeting to be different from the |
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exact language on the absentee or electronic ballot. |
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(c) A solicitation for votes by absentee ballot must |
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include: |
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(1) an absentee ballot that contains each proposed |
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action and provides an opportunity to vote for or against each |
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proposed action; |
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(2) instructions for delivery of the completed |
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absentee ballot, including the delivery location; and |
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(3) the following language: "By casting your vote via |
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absentee ballot you will forgo the opportunity to consider and vote |
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on any action from the floor on these proposals, if a meeting is |
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held. This means that if there are amendments to these proposals |
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your votes will not be counted on the final vote on these measures. |
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If you desire to retain this ability, please attend any meeting in |
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person. You may submit an absentee ballot and later choose to |
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attend any meeting in person, in which case any in-person vote will |
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prevail." |
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(d) For the purposes of this section, "electronic ballot" |
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means a ballot: |
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(1) given by: |
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(A) e-mail; |
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(B) facsimile; or |
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(C) posting on an Internet website; |
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(2) for which the identity of the property owner |
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submitting the ballot can be confirmed; and |
|
(3) for which the property owner may receive a receipt |
|
of the electronic transmission and receipt of the owner's ballot. |
|
(e) If an electronic ballot is posted on an Internet |
|
website, a notice of the posting shall be sent to each owner that |
|
contains instructions on obtaining access to the posting on the |
|
website. |
|
(f) This section supersedes any contrary provision in a |
|
dedicatory instrument. |
|
(g) This section does not apply to a property owners' |
|
association that is subject to Chapter 552, Government Code, by |
|
application of Section 552.0036, Government Code. |
|
Sec. 209.00593. ELECTION OF BOARD MEMBERS. |
|
(a) Notwithstanding any provision in a dedicatory instrument, any |
|
board member whose term has expired must be elected by owners who |
|
are members of the property owners' association. A board member may |
|
be appointed by the board only to fill a vacancy caused by a |
|
resignation, death, or disability. A board member appointed to |
|
fill a vacant position shall serve the unexpired term of the |
|
predecessor board member. |
|
(b) The board of a property owners' association may amend |
|
the bylaws of the property owners' association to provide for |
|
elections to be held as required by Subsection (a). |
|
(c) The appointment of a board member in violation of this |
|
section is void. |
|
(d) This section does not apply to the appointment of a |
|
board member during a development period. In this subsection, |
|
"development period" means a period stated in a declaration during |
|
which a declarant reserves: |
|
(1) a right to facilitate the development, |
|
construction, and marketing of the subdivision; and |
|
(2) a right to direct the size, shape, and composition |
|
of the subdivision. |
|
(e) This section does not apply to a representative board |
|
whose members or delegates are elected or appointed by |
|
representatives of a property owners' association who are elected |
|
by owner members of a property owners' association. |
|
SECTION 4. Section 209.009, Property Code, is amended to |
|
read as follows: |
|
Sec. 209.009. FORECLOSURE SALE PROHIBITED IN CERTAIN |
|
CIRCUMSTANCES. A property owners' association may not foreclose a |
|
property owners' association's assessment lien if the debt securing |
|
the lien consists solely of: |
|
(1) fines assessed by the association; [or] |
|
(2) attorney's fees incurred by the association solely |
|
associated with fines assessed by the association; or |
|
(3) amounts added to the owner's account as an |
|
assessment under Section 209.005(i). |
|
SECTION 5. Chapter 209, Property Code, is amended by adding |
|
Section 209.014 to read as follows: |
|
Sec. 209.014. MANDATORY ELECTION REQUIRED AFTER FAILURE TO |
|
CALL REGULAR MEETING. (a) Notwithstanding any provision in a |
|
dedicatory instrument, a board of a property owners' association |
|
shall call an annual meeting of the members of the association. |
|
(b) If a board of a property owners' association does not |
|
call an annual meeting of the association members, an owner may |
|
demand that a meeting of the association members be called not later |
|
than the 30th day after the date of the owner's demand. The owner's |
|
demand must be made in writing and sent by certified mail, return |
|
receipt requested, to the registered agent of the property owners' |
|
association and to the association at the address for the |
|
association according to the most recently filed management |
|
certificate. A copy of the notice must be sent to each property |
|
owner who is a member of the association. |
|
(c) If the board does not call a meeting of the members of |
|
the property owners' association on or before the 30th day after the |
|
date of a demand under Subsection (b), three or more owners may form |
|
an election committee. The election committee shall file written |
|
notice of the committee's formation with the county clerk of each |
|
county in which the subdivision is located. |
|
(d) A notice filed by an election committee must contain: |
|
(1) a statement that an election committee has been |
|
formed to call a meeting of owners who are members of the property |
|
owners' association for the sole purpose of electing board members; |
|
(2) the name and residential address of each committee |
|
member; and |
|
(3) the name of the subdivision over which the |
|
property owners' association has jurisdiction under a dedicatory |
|
instrument. |
|
(e) Each committee member must sign and acknowledge the |
|
notice before a notary or other official authorized to take |
|
acknowledgments. |
|
(f) The county clerk shall enter on the notice the date the |
|
notice is filed and record the notice in the county's real property |
|
records. |
|
(g) Only one committee in a subdivision may operate under |
|
this section at one time. If more than one committee in a |
|
subdivision files a notice, the first committee that files a |
|
notice, after having complied with all other requirements of this |
|
section, is the committee with the power to act under this section. |
|
A committee that does not hold or conduct a successful election |
|
within four months after the date the notice is filed with the |
|
county clerk is dissolved by operation of law. An election held or |
|
conducted by a dissolved committee is ineffective for any purpose |
|
under this section. |
|
(h) The election committee may call meetings of the owners |
|
who are members of the property owners' association for the sole |
|
purpose of electing board members. Notice, quorum, and voting |
|
provisions contained in the bylaws of the property owners' |
|
association apply to any meeting called by the election committee. |
|
SECTION 6. (a) Section 209.005, Property Code, as amended |
|
by this Act, applies only to a request for information received by a |
|
property owners' association on or after the effective date of this |
|
Act. A request for information received by a property owners' |
|
association before the effective date of this Act is governed by the |
|
law in effect immediately before the effective date of this Act, and |
|
that law is continued in effect for that purpose. |
|
(b) Subsection (m), Section 209.005, Property Code, as |
|
added by this Act, applies only with respect to books and records |
|
generated on or after the effective date of this Act. Books and |
|
records generated before the effective date of this Act are |
|
governed by the law in effect immediately before the effective date |
|
of this Act, and that law is continued in effect for that purpose. |
|
(c) Section 209.0059 and Subsection (a), Section 209.00591, |
|
Property Code, as added by this Act, apply to a provision in a |
|
dedicatory instrument or a restrictive covenant enacted before, on, |
|
or after the effective date of this Act. |
|
(d) Section 209.014, Property Code, as added by this Act, |
|
applies to a property owners' association created before, on, or |
|
after the effective date of this Act. |
|
SECTION 7. This Act takes effect January 1, 2012. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 2761 was passed by the House on May 4, |
|
2011, by the following vote: Yeas 137, Nays 3, 2 present, not |
|
voting; and that the House concurred in Senate amendments to H.B. |
|
No. 2761 on May 26, 2011, by the following vote: Yeas 122, Nays 16, |
|
1 present, not voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
I certify that H.B. No. 2761 was passed by the Senate, with |
|
amendments, on May 24, 2011, by the following vote: Yeas 30, Nays |
|
0. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: __________________ |
|
Date |
|
|
|
__________________ |
|
Governor |