However, the HOAs governing documents might make this a requirement! HOA rules, often known as covenants, conditions, and restrictions (CC&Rs), can be hundreds of pages long. How to Amend HOA Bylaws and Covenants in 6 Steps Before proceeding with the process, HOA boards must first consider why they want to change the bylaws or CC&Rs. Here are the individuals you may need to include: Board member. (Corp. Code 7211(a)(3). 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. The new laws now also require that owners be given advance notice of any regular or special board meetings. All rights reserved. A notice of board meeting must include an agenda of items to be discussed or acted upon by the board at the meeting. Remain objective and exclude unrelated conversations, irrelevant commentary, or details from discussions that don't lead to a conclusion or decision in minutes. The HOA annual meeting is a general meeting of sorts for the entire HOA membership. Unit Owners Statutory Right to Enforce Restrictive Covenants, 12.6 Homeowners Statutory Right to Notice of Meetings of a Homeowners Associations Board of Directors, 12.6.1 Unit Owners Right to Notice of Board Meetings, 12.6.2 Lot Owners Right to Notice of Board Meetings, 12.7 Homeowners Statutory Right to Attend Board Meetings, 12.7.1 Open Board Meetings of a Condominium Associations Board of Directors under the Texas Uniform Condominium Act, 12.7.2 Open Board Meetings of a Subdivision Associations Board of Directors under Chapter 209 of the Texas Property Code, 12.8 Homeowners Statutory Right to Notice of Meetings of a Homeowners Associations Membership, 12.8.1. Unless the bylaws state otherwise, a quorum for an annual meeting equals at least 20 percent of the votes that may be cast for the election of a board member. The public? We believe the clients experience is of paramount importance. A lot of different topics are covered during such encounters, such as: Maintenance and renovation projects The Texas Open Meetings Act Made Easy . This provision takes effect on September 1, 2021, however, the Texas Real Estate Commission has until December 1, 2021 to establish the ability to electronically file management certificates and if a property owners association has already recorded a management certificate or amended management certificate in compliance with Section 209.004 on or before December 1, 2021, then it is not required to electronically file a duplicate management certificate or amended management certificate with the Texas Real Estate Commission until June 1, 2022. The notice requirements that apply to board meetings are distinct from those that apply to membership meetings. In addition, all amendments of the annual budget (instead of only those increasing the budget by more than 10%) have to be approved by the property owners associations board of directors at an open board meeting. [1] If an association notices these meetings via mail or the meeting is a special meeting of the directors, then the notice requirements do not change. The board of directors is the, Properly maintained landscaping can affect home values and your HOAs overall value by as much as 12%. 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. Senate Bill 1588 modifies Section 209.006 and adds Section 209.0065 to the Property Code, which creates new due process procedures that must be performed before a delinquent account may be reported to credit reporting services by a property owners association that administers a subdivision development. This section describes methods of voting and the use of absentee ballots. Subsection (e) of this section describes the necessary notice that owners must be given of board meetings. 204.011 Texas Property Code - PROP 204.011. February 28, 2023. On May 31, 2021, the Texas Legislature concluded the 2021 legislative session. Board meetings work most effectively when they are based on discussions that have already happened, instead of starting from scratch at every session. As amended, payments received by a property owners association may only be applied to attorneys fees that are reasonable. Craig Ranch Professional Plaza, 6850 TPC Drive, Suite 210. All meetings of the Associations Board of Directors are open to members of the Association subject to the right of the Board to adjourn the Board Meeting and reconvene in closed executive session to consider actions involving: (1) personnel; (2) pending or threatened litigation; (3) contract negotiations; (4) enforcement actions; (5) confidential communications with the Associations attorney; (6) matters involving the invasion of privacy of individual owners; and/or (7) matters that are to remain confidential by request of the affected parties and agreement of the Board. As amended, Section 209.016 no longer requires redaction of sensitive personal information of a tenant from a lease agreement and authorizes a property owners association to require property owners who lease their property to submit to the property owners association contact information, including the name, mailing address, phone number, and e-mail address, of each person who will reside at a property under a lease and the commencement date and term of the lease. So if youre an owner or the owners personal representative, you can attend the regular meeting, but if the board goes into a closed session, youre not allowed in. WHEREAS, the Association, desires to set forth its guidelines for providing notice for Board Meetings. However, the following information will give you a good overview of the statutorily mandated requirements for Texas and Arizona. 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. Fifth, and finally, an HOA board may hold an "emergency" or "special" session. A meeting minutes template will save you a lot of time after the meeting when preparing the final minutes for board review. House Bill 1659 modifies Section 209.0041 of the Texas Property Code, which establishes a statutory procedure for the amendment of a Declaration by a property owners association that administers a subdivision development. TEXAS OPEN MEETINGS ACT LAWS MADE EASY . AB-1572 (Friedman) Potable water: nonfunctional turf. Accurate and timely financials prepared by an assigned CMA Accountant. . The requirements for giving notice of a board meeting to members of the board (an associations directors) are typically found in the associations bylaws or articles. Open Board Meetings Under the Texas HOA Laws: Just How Open Are They? Actions that cannot be taken by the board outside of an open meeting are listed in Section 209.0051(h) of the Texas Property Code. Civil Code Section 4920. Zindia Thomas . Remain objective and exclude unrelated conversations, irrelevant commentary, or details from discussions that dont lead to a conclusion or decision in minutes. An HOA can also provide notice by posting it in a conspicuous manner in a common area at least 72 hours before the meeting. It also permits associations to allow their members to vote by secret ballot. HOA board meetings are where decisions are made and effectively communicated to members of the HOA community. This requirement does not extend to non-owners (such as . The notice should include the date, time, and location for the meeting, as well as the meeting agenda and any accompanying forms. The Open Meeting Act Made Easy is a handbook in a question and answer format that covers the most frequently asked questions about the Texas Open Meetings Act ("the Act"). The Texas Open Meetings Act ("OMA"), hapter 551 of the Texas Government ode, requires governmental bodies, including school boards, to provide advance written notice to the public of all its meetings. May a quorum of a governing body serve on an appointed board or commission? Code 4045(b), 4040.) Redemption of a Lot Foreclosed by a Subdivision Association, 7.14.2. 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. Regular and special board meetings must be open to all owners, subject to the right of the board to adjourn and reconvene in a closed section. This provision takes effect on September 1, 2021. Section 202.022 does authorize property owners associations to adopt and/or enforce rules regulating the appearance of a swimming pool enclosure, including limitations establishing permissible colors for a swimming pool enclosure, provided such limitations do not prohibit a swimming pool enclosure that is black in color and consists of transparent mesh set in metal frames. Code 4045(b).). This bill takes effect on June 15, 2021. This provision takes effect on September 1, 2021. SHORT TITLE. Additionally, this section includes a list of items upon which an association may not vote without first providing notice to members. If not, keep in mind that solicitations for candidates should be sent in plenty of time for homeowners to respond to the call for candidates, for candidate names to be listed on the absentee ballot, and for their biographies to be sent to the membership. Heres What You Need to Know! Although there were a significant number of bills filed that could have had a dramatic effect on the laws governing Texas homeowners associations, only a few bills were ultimately enacted by the 2021 Texas Legislature. There are different types of HOA meetings and each one serves a different purpose. The board also has the option to mail the meeting notice more than 10 days, but fewer than 60 days, before the date of the meeting. In the absence of a quorum, any meeting of the membership may be adjourned by the vote of a majority of the votes represented either in person or by proxy, but no other business may be transacted. Under the Texas homeowners association laws passed several years ago, HOAs are required to make the meetings of their respective boards open. But open to who? Corporations Code Section 7211. CHAPTER 1 MASTER-PLANNED COMMUNITIES AND CONDOMINIUMS, 1.1 The Association-Governed Community Concept, 1.2 Common-Interest Developments in Texas, 1.3 Homeowners Associations in Texas, 1.4 Statutory Laws and Governing Documents that Apply to Texas Homeowners Associations and the Hierarchy of such Authorities, 1.4.1 Hierarchy of Public Law Applicable to Texas Homeowners Associations, 1.4.2 Hierarchy of Governing Documents Applicable to Texas Homeowners Associations, 1.4.3 Exceptions to the General Rules of Hierarchical Authority and other Rules Concerning the Application of Public Law and Governing Documents to Homeowners Associations, 1.5 Synonymous Terms of Art Applicable to Texas Homeowners Association and Use of Terms of Art in this Book, 1.5.1 Terms of Art Utilized in this Book in Reference to Homeowners Associations, 1.5.2 Terms of Art Utilized in this Book in Reference to Property Owners, 1.5.3 Terms of Art Utilized in this Book in Reference to Corporate Governing Documents, 1.6 2011 Legislative Reforms to Texas Homeowners Association Law, 1.6.1 Recording and Online Publication of Dedicatory Instruments, 1.6.4 Payment and Collection of Assessments, 1.6.5 Amendment of Governing Documents, 1.6.7 Annual Membership Meeting and Notice of Membership Meeting Requirements, 1.6.10 Enforcement of Restrictive Covenants Concerning Flags, Rain Barrels, Religious Displays, Solar Panels, and Roof Shingles, 1.6.11 Notice of Restrictive Covenant Violation, CHAPTER 2 CONDOMINIUM DEVELOPMENTS IN TEXAS, 2.2 Application of the Texas Condominium Act and/or the Texas Uniform Condominium Act, 2.3 Understanding Condominium Terms of Art, 2.5 Ownership of Units and Determining Unit Boundaries, 2.6 Common Elements, Limited Common Elements, and General Common Elements, 2.7 Allocation of Common Element Interests, Votes, and Common Expense Liabilities, 2.9 Alteration of Units, Relocation of Boundaries between Adjoining Units, and Subdivision of Units, 2.9.1 Alteration of a Unit or Partitions between Two Units, 2.9.2 Relocation of Boundaries between Adjoining Units, 2.10 Maintenance and Repair of Units and Common Elements, 2.11 Amendment of a Condominium Developments Governing Documents, 2.12 Termination of a Condominium Development, 2.12.1 Agreement to Terminate a Condominium Development, 2.12.2. Again, governing documents might be stricter, and if so, they must be followed. Board members are encouraged to attend. The notice can be given in several ways. Assistant General Counsel . Related: Visit SpectrumAM blogs for more HOA Management updates! Proxy forms cannot be used for voting in Arizona; however, absentee ballots and in-person voting are allowed, and these forms should be sent to homeowners at least seven days before they must be completed and returned to the board. Those requirements vary depending upon the type of board meeting being held (i.e., whether the meeting is an open meeting, a meeting held solely in executive session, or an emergency meeting). This 2021 Texas HOA Law Legislative Update Report provides brief descriptions of the most significant changes in Texas HOA law passed by the 2021 Texas Legislature; however, such brief descriptions are neither comprehensive, nor exhaustive of all changes in the laws that may apply directly or indirectly to a particular homeowners association. It allows a member to demand a meeting if the board fails to call one. AB-1458 (Ta) Common interest developments: association governance: member election. Notice of the time, date, and place of each meeting of the board of directors or of any subcommittee or other committee of the board of directors shall be published where it is reasonably calculated to be . HOUSTON, Texas, May 26, 2015 (GLOBE NEWSWIRE) --. The Basic HOA Board Agenda Template. However, there are two changes, of major import, to the law governing board action taken outside of a meeting. Understanding and complying with applicable federal, state, and local laws, including the open meeting statute discussed in this article, is essential for every HOA board. This subsection lists the topics that may be discussed in closed executive sessions. While each state has its own laws, at the federal level, open meeting laws culminated in . The best way to stay informed is to subscribe to our blog and get a digest of the articles that our fantastic editors publish. The handbook addresses when the Act applies, what constitutes reasonable notice and the application of the Act to informal gatherings. Important note: Your property owners' association's bylaws are the best source of information for how board and membership meetings are to be called and conducted. 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 provision takes effect on September 1, 2021. You'll need to check with your HOA board and governing documents for details for your HOA's specific rules. Permissible Installation Regulation of Solar Energy Devices, 10.8.2 Other Permissible Regulation of Solar Energy Devices, 10.8.3. Saunders, Walsh & Beard is a business and litigation law firm in McKinney, Texas. The board will say, 'We want to discuss this employment matter, so we're going into executive session. 4.11.1 General Authority of a Nonprofit Corporation HOA to Conduct a Board Meeting by Alternative Methods of Communication under the Texas Nonprofit Corporation Law 4.11.2 Specific Authority of a Condominium Association to Conduct a Board Meeting by Alternative Methods of Communication under the Texas Uniform Condominium Act Illegal immigration to the United States is the process of migrating into the United States in violation of US immigration laws.This can include foreign nationals who have entered the United States unlawfully, as well as those who lawfully entered but then remained after the expiration of their visas, parole, TPS, etc. If the board is going to consider or vote on certain issues, the board cannot hold the meeting without giving the required notice to the owners. 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