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Old 10-04-2011, 12:22 PM
 
37,315 posts, read 59,844,229 times
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Does anyone have a good site with overview of the new state laws that impose certain changes on HOAs in the state?
I have seen some of them on the legislature's web site but don't know if I found all laws that might be involved.

I really want to compare the new laws with my current HOA bylaws...our Board has an attorney involved in this who is reviewing and presenting changes but our currently bylaws are very unfairly weighted in favor of the 7 member board vs balance of power between the Board and the HOA members at large...
I need to know if the new STATE laws address some areas of concern I and others have with our bylaws...
so need to know what the new laws require
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Old 10-05-2011, 04:59 PM
 
Location: Austin, TX
16,787 posts, read 49,052,964 times
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Quote:
Originally Posted by loves2read View Post
Does anyone have a good site with overview of the new state laws that impose certain changes on HOAs in the state?
I have seen some of them on the legislature's web site but don't know if I found all laws that might be involved.

I really want to compare the new laws with my current HOA bylaws...our Board has an attorney involved in this who is reviewing and presenting changes but our currently bylaws are very unfairly weighted in favor of the 7 member board vs balance of power between the Board and the HOA members at large...
I need to know if the new STATE laws address some areas of concern I and others have with our bylaws...
so need to know what the new laws require

I believe you can read all of the bills that have passed here: Texas Legislature Online - General Reports

I'd be interested in knowing of any changes as well. Do you have any bill numbers to refer to?

I found these:

http://www.legis.state.tx.us/BillLoo...82R&Bill=HB362
Quote:
Effective immediatly, Related to the regulation of a property owner's association of the installation of solar energy devices and certain roofing materials on the property. http://www.legis.state.tx.us/tlodocs...l/HB00362F.htm
.
http://www.legis.state.tx.us/BillLoo...82R&Bill=SB472
Quote:
Effective on 9/1/11, Relating to voting practices and elections of property owners' associations.
http://www.legis.state.tx.us/tlodocs...l/SB00472F.htm

.
http://www.legis.state.tx.us/BillLoo...82R&Bill=SB748 may not be related. Relating to business entities and associations.
Quote:
Senate Bill 748 amends the Business Organizations Code to make technical, clarifying, and conforming changes and to revise certain requirements relating to a merger, interest exchange, or conversion of a business organization and the winding up and termination of a domestic entity. The bill amends provisions relating to the operation of a for-profit corporation, nonprofit corporation, limited liability company, and general or limited partnership and to the management of a real estate investment trust and an unincorporated nonprofit association. The bill establishes conditions under which certain domestic and foreign entities are exempt from consideration as having failed to comply with or conform to certain Business Organizations Code provisions and provides for the reinstatement of a domestic or foreign filing entity that has been dissolved or otherwise discontinued.
http://www.legis.state.tx.us/tlodocs...l/SB00748F.htm

Last edited by CptnRn; 10-05-2011 at 05:27 PM..
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Old 10-08-2011, 10:35 PM
 
37,315 posts, read 59,844,229 times
Reputation: 25341
sent you DM then found these two links--not swearing as to total accuracy
http://hoareformcoalition.files.word...ed-82nd-rs.pdf

http://hoareformcoalition.files.word...ls-passed1.pdf
with this one look at the last column on right and see if it passed to know if that is new law
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Old 10-10-2011, 08:08 AM
 
37,315 posts, read 59,844,229 times
Reputation: 25341
I have searched for some HOA websites where their bylaws and CCRs are posted and visible online without having to be member of the HOA
there are some out there--I am sure more than the ones I found--
it is interesting to see how these bylaws vary by subdivision--I am trying to get insight into whether or not MY HOA's bylaws are as out of balance as they seem to me...
some parts of them definitely are...

some of the other HOAs are pretty balanced between homeowners at large and the Board's power to act unilateraly
some of them seem pretty pro-Board documents

found one last night close to Cypress Tx where the changes to the bylaws based on new state laws were posted on line--with the additions to their current bylaws cited with citations for the state code responsible for the modifications...
pretty up front and open to the HOA's consideration/suggestions before the final document is affirmed for a vote...
this is a large HOA with considerable common areas requiring maintenance and appropriate funding to support that maintenance--trees especially are a problem...
interesting insight
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Old 10-14-2011, 08:04 AM
 
3,438 posts, read 4,451,688 times
Reputation: 3683
Quote:
Originally Posted by loves2read View Post
I have searched for some HOA websites where their bylaws and CCRs are posted and visible online without having to be member of the HOA
there are some out there--I am sure more than the ones I found--
it is interesting to see how these bylaws vary by subdivision--I am trying to get insight into whether or not MY HOA's bylaws are as out of balance as they seem to me...
some parts of them definitely are...

some of the other HOAs are pretty balanced between homeowners at large and the Board's power to act unilateraly
some of them seem pretty pro-Board documents

found one last night close to Cypress Tx where the changes to the bylaws based on new state laws were posted on line--with the additions to their current bylaws cited with citations for the state code responsible for the modifications...
pretty up front and open to the HOA's consideration/suggestions before the final document is affirmed for a vote...
this is a large HOA with considerable common areas requiring maintenance and appropriate funding to support that maintenance--trees especially are a problem...
interesting insight
Can you provide the link? One must be careful with representations made by boards advised by HOA attorneys and management companies.

First of all consider whether a bylaw amendment is even necessary. If a statute voids the bylaw provision, then amendment is only necessary for conforming to the statute - not to actually change how the board must conduct itself. The statute already took care of that. Invariably, industry hacks use such opportunities to give new affirmative powers to HOA boards.

There is an active group in the area you mention that is working to convert non-HOA subdivisions to HOA subdivisions complete with involuntary membership, perpetual liens that can never be paid off, private "fining" authority, and the purported authority to borrow money without the consent of the homeowners. A few more legislative sessions will hopefully address these problems.
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