texas hoa board meeting notice

Boards are supposed to give 48 hours notice of a board of managers meeting and, if you know, you should tell people the agenda. 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. HOUSE BILL 3571 Protection of Security Measures. Lastly, the board may not, unless done in an open meeting of which prior notice was given to owners, consider or vote upon the approval of an annual budget or an amendment to an annual budget. 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. Termination Procedure if the Condominium Development Property is not to Be Sold Following Termination, 2.12.4 Post-Termination Distribution of Condominium Associations Assets, 2.12.5 Rescission of Termination Agreement, 2.13 Foreclosure of a Lien Against All or Part of a Condominium Development, 2.15 Organization and Powers of a Condominium Association, 2.15.1 General Powers of Condominium Associations, 2.15.2 Power of Condominium Associations to Evict or Collect Rents from a Unit Owners Tenants, 2.15.3 Power of Condominium Associations to Sell Real Property in the Condominium Development, 2.15.4 Power of Condominium Associations to Terminate Certain Contracts Without Penalty, 2.15.5 Regulations on the Powers of Condominium Associations, 2.16 Directors and Officers of a Condominium Association, 2.16.1 Transition of Control of Condominium Associations, 2.16.2 Duty of Care of Directors and Officers of Condominium Associations, 2.17 Bylaws of Condominium Associations, 2.18 Meetings, Quorums, Voting, and Proxies, 2.18.1 Notice of Board of Directors and Membership Meetings, 2.18.4 Voting, Use of Proxies, and Cumulative Voting, 2.19.1 Commercial General Liability Insurance, 2.19.3 Other Insurance Coverage Required by Declaration or Deemed Appropriate by the Board of Directors, 2.19.4 Additional Insurance Requirements, 2.20 Authority to Levy Assessments and Establishment of an Assessment Lien, 2.20.2 Establishment of an Assessment Lien, 2.20.3 Notification of Unit Owners Assessment Delinquency to Other Lienholders, 2.20.4 Acceptance of a Deed in Lieu of Foreclosure and Bidding on a Unit at a Foreclosure Sale, 2.20.5 Redemption of a Unit Following Foreclosure, 2.21 Books and Records and Annual Audit Requirements, 2.21.1 Books and Records Required to Be Kept by Condominium Associations, 2.21.2 Inspection of Books and Records by Unit Owners, 2.25 Violation of the Texas Uniform Condominium Act and Enforcement of a Condominium Associations Governing Documents, CHAPTER 3 FORMATION AND ADMINISTRATION OF TEXAS HOMEOWNERS ASSOCIATIONS, 3.1 Formation of and Laws Applicable to the Administration of Texas Homeowners Associations, 3.1.1 Texas Law Governing Nonprofit Corporation HOAs, 3.1.2 Texas Law Governing Unincorporated Nonprofit Associations, 3.2 Management of Nonprofit Corporation HOAs by a Board of Directors, 3.3 Transition of Control of a Board of Directors from Declarant to Homeowners, 3.4 Number of Directors on the Board and Manner of Appointment or Election of Members to the Board of Directors, 3.4.1 Number of Directors on the Board of Directors, 3.4.2 Manner of Appointment and Election of Directors, 3.5 Eligibility Requirements and Qualifications to Serve as a Director of a Texas Nonprofit Corporation HOA, 3.7 Resignation or Removal of Directors from the Board, 3.8 Filling a Vacancy on the Board of Directors, 3.8.1 Manner of Filling a Vacancy on a Condominium Associations Board of Directors, 3.8.2 Manner of Filling a Vacancy on a Subdivision Associations Board of Directors, 3.9 Corporate Officers of a Nonprofit Corporation HOA, 3.10 Election or Appointment of Officers, 3.11 Eligibility Requirements and Qualifications to Serve as an Officer, 3.13 Committees of a Nonprofit Corporation HOA, 3.14 Ex Officio Members of the Board of Directors, 3.15 Duty of Care of Directors and Officers, 3.15.1. Zindia Thomas . Redemption of a Unit Foreclosed by a Condominium Association, 7.15 The Federal Fair Debt Collection Practices Act and the Texas Debt Collection Practices Act, 7.15.1 Application of the Federal Fair Debt Collection Practices Act, 7.15.2 Application of the Texas Debt Collection Practices Act, 7.16 Filing of Bankruptcy by a Homeowner, 7.16.2 Automatic Stay Against Further Collection Efforts, 7.16.3 Pre-Petition and Post-Petition Debt, 7.16.6 Discharge of Debt Owed to a Homeowners Association and Payment of Claims, 8.2 Establishment of an Architectural Committee, 8.3 Promulgation of Architectural Guidelines, 8.4 Architectural Review by an Architectural Committee, 8.5 Time Period for Approving or Denying a Proposed Construction Project, 8.6 Authority of an Architectural Committee to Grant a Variance, 8.7 Limitations on an Architectural Committees Architectural Control Authority, 8.8 Challenge of an Architectural Committees Determination, CHAPTER 9 ENFORCEMENT OF RESTRICTIVE COVENANTS, 9.2 Interpretation of Restrictive Covenants, 9.3 Parties Who May Enforce Restrictive Covenants, 9.4 Procedural Due Process Requirements for Enforcement of Restrictive Covenants, 9.4.1 Procedural Due Process Requirements for Enforcement of Restrictive Covenants by a Subdivision Association under Chapter 209, 9.4.2 Procedural Due Process Requirements for Enforcement of Restrictive Covenants by a Condominium Association under the Texas Uniform Condominium Act, 9.5 Enforcement of Restrictive Covenants by Non-Judicial Procedures: Self-Help Remedies and Assessment of Fines, 9.5.1 Remediation of a Restrictive Covenant Violation by Exercise of Self-Help Remedies, 9.5.2 Assessment of Fines Against a Homeowner for Violation of a Restrictive Covenant, 9.6 Enforcement of Restrictive Covenants by Judicial Proceeding, 9.7 Affirmative Defenses to Judicial Enforcement of Restrictive Covenants: Statute of Limitations and Abandonment and Waiver, 9.8 Reimbursement of Attorneys Fees Incurred in Restrictive Covenant Enforcement, 9.8.1 Contractual Authority for Recovery of Attorneys Fees Incurred in Restrictive Covenant Enforcement, 9.8.2 Statutory Authority for Recovery of Attorneys Fees Incurred in Restrictive Covenant Enforcement, 9.8.3 Collection of Attorneys Fees Incurred by a Homeowners Association in Restrictive Covenant Enforcement, 9.8.4 Procedural Due Process Requirements for Texas Subdivision Associations to Recover Attorneys Fees Incurred in Restrictive Covenant Enforcement, CHAPTER 10 FEDERAL AND STATE LAWS WHICH LIMIT OR RESTRICT THE ENFORCEMENT OF RESTRICTIVE COVENANTS, 10.1 The Federal and Texas Fair Housing Acts, 10.1.1 Discrimination on the Basis of Familial Status, 10.1.2 Discrimination on the Basis of a Persons Handicap, 10.1.3 Investigation and Enforcement of an Alleged Fair Housing Act Violation, 10.2 Americans with Disabilities Act, 10.3 The Federal Communications Commissions Over-the-Air Reception Devices Rule (OTARD Rule), 10.3.1 Scope of Antennas Protected by the OTARD Rule, 10.3.3 Waiver of the OTARD Rule and Petition for Determination by the Federal Communications Commission, 10.4 Freedom to Display the American Flag Act, 10.5 Texas Community Homes for Disabled Persons Location Act, 10.6 Protection of Solid-Waste Composting, Rain Harvesting, and Irrigation Systems under Section 202.007 of the Texas Property Code, 10.6.1 Permissible Regulation of Composting Devices, 10.6.2 Permissible Regulation of Rain Barrels and Rain Harvesting Systems, 10.6.3. A board meeting may be held by electronic or telephonic means provided that: (1) each board member may hear and be heard by every other board member; (2) except for any portion of the meeting conducted in executive session: (A) all owners in attendance at the meeting may hear all board members; and (B) A board meeting notice must include the date, time, and place of the meeting. Please note: However, the HOAs governing documents might make this a requirement! Without the structure of a good agenda, the HOA meeting can be long and painful. The minimum notice has to be 48 hours." You can be creative as long as you meet those requirements. Actions involving personnel, pending or threatened litigation, contract negotiations, enforcement actions, confidential communications with the HOAs attorney, matters involving the invasion of privacy of individual owners, and matters that are to remain confidential by request of the affected parties and agreement of the board. Assistant General Counsel . Code 4045(b), 4040.) Please note that each state has different requirements for how meetings should be noticed and that your association might have additional rules that you will need to follow when holding meetings. 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. Boards can meet, even by telephone or other electronic means, without prior notice, if each director may hear and be heard by every other director, or the board may take action by unanimous written consent to consider routine and administrative matters or a reasonably unforeseen emergency or urgent necessity that requires immediate board action. The board may take actions without having a board meeting, in which case the notice and open meeting requirements do not apply. By using both an agenda . AB-572 (Haney) Common interest developments: imposition of assessments. Like in Texas, special board meetings need to be noticed by both the membership and the board. However, if the governing documents are less strict than the state law (such as by providing a seven-day mailing rule), the minimum state requirements (10 days) will need to be followed instead. Such new and modified statutory laws are summarized as follows: HOUSE BILL 1659 Reduced Application of Declaration Amendment Procedures under Chapter 209. Senate Bill 1588 modifies Section 207.003 of the Texas Property Code, which governs the production of resale certificates by a property owners association that administers a subdivision development. This provision takes effect on September 1, 2021. . (See Board Meeting Agenda Requirements.), Notice of Meeting Requirements: Notice to Members. As amended, Section 209.007 no longer permits the hearing to be first held by a committee appointed by the board of directors and it now requires the board of directors to designate a member of the board or other representative to present the property owners associations case at the hearing. SB 1588 caps the fee at $375. Dear Owners: Meetings. An Executive Session Electronic notice is allowed, but some very specific requirements must be met for this method to be considered valid. It must be available in advance and at the meeting. Contains spam, fake content or potential malware, HOA Board Meeting and Annual Meeting Notice Requirements, A Guide to Selecting the Right HOA Management Company, Why HOA Board Member Education is Important, Training Board Members How To Manage HOA Politics. Texas law requires property owners' associations to hold annual meetings of their members. For instance, if the governing documents require notices to be sent by email 96 hours before the meeting or by mail 14 days before the meeting, these rules will need to be followed. This means that if its 3:00 p.m. on Monday, and your board wants to send a notice for a meeting at 2:00 p.m. on Thursday, its too late. Section 209.004 of the Texas Property Code requires the management certificate to contain certain information. Notice of Meeting Requirements: Notice to Members Open Meetings. Please see the text of Section 209.0055 of the Texas Property Code to see if this applies to your property owners' association. A notice of board meeting must include an agenda of items to be discussed or acted upon by the board at the meeting. There are different types of HOA meetings and each one serves a different purpose. The requirements under this section go into effect on September 1, 2021. At the Links, youll find 18 exciting holes that meander through the neighborhood and onto a long peninsula extending out into Lake Fork, with 11 holes located right along the shoreline. AB-1572 (Friedman) Potable water: nonfunctional turf. Lands End is home to a variety of birds, including bald eagles. What should a school board meeting notice contain to comply with the Texas Open Meetings Act? (Corp. Code 7211(a)(3). This bill takes effect on June 15, 2021. The Texas Open Meetings Act Made Easy . The notice can be given in several ways. However, there are some guidelines that are generally standard in most communities, including: Architectural controls Lawn and holiday decoration restrictions Home maintenance standards Noise complaint policies Home occupancy limits Copyright 2021, Gregory S. Cagle. (commonly known as an HOA). If board members will be elected during the meeting, the candidate solicitations should be sent to the association 10 days before the annual meeting notice is sent, which should also be 20 days before the annual meeting date. Minutes of the meetings of the board of directors shall be recorded and shall be available as provided in subsection B of 55.1-1815. #3. Election Voting under the Texas Nonprofit Corporation Law, 5.13.4 Deadlines for Partial and/or Full Transition of Authority to Elect Directors from the Declarant to the Homeowners, 5.14 Statutory Requirements and Procedures for Casting, Tabulating and Recounting Membership Ballots Applicable to Subdivision Associations, 5.14.1 Requirement of Written and Signed Ballots, 5.14.2 Tabulation of and Access to Ballots, 5.15 Recording and Taping of a Membership Meeting, 5.16 Minutes of a Membership Meeting, CHAPTER 6 DUTIES AND OPERATION OF TEXAS HOMEOWNERS ASSOCIATIONS, 6.1 Source and Scope of a Homeowners Associations Power and Authority, 6.1.1 Additional Powers and Authority Granted to Certain Subdivision Associations in Harris, Galveston, and Montgomery Counties under Chapter 204 of the Texas Property Code, 6.1.2 Additional Powers and Authority Granted to Condominium Associations under the Texas Uniform Condominium Act, 6.1.3 Limitations on a Subdivision Associations Ability to Transfer an Interest in its Accounts Receivables, 6.2 Management of Homeowners Associations, 6.2.1 Self-Management by the Board of Directors, 6.2.2 Self-Managed by an Employed Manager, 6.2.3 Management by an Independent Management Company, 6.3 Emergency Governance of Texas Nonprofit Corporation HOAs, 6.5 Recording and Online Publication of Dedicatory Instruments, 6.6 Adoption and Recording of a Payment Plan Guidelines Policy by Subdivision Associations, 6.7 Adoption and Recording of a Records Production and Copying Policy by Subdivision Associations, 6.8 Adoption and Recording of a Document Retention Policy by Subdivision Associations, 6.9.1 Production of Subdivision Information and Resale Certificates by a Subdivision Association, 6.9.2 Production of Condominium Information and Resale Certificates by a Condominium Association, 6.10 Maintenance of Common Areas and Common Elements, 6.11 Limitation of Liability of a Texas Homeowners Association under the Texas Charitable Immunity and Liability Act of 1987, 6.12 Filing Periodic Reports with the Texas Secretary of State, 6.14 Inspection of a Homeowners Associations Books and Records by a Director, 6.15 Inspection of a Homeowners Associations Books and Records by a Homeowner, 6.15.1 Member-Homeowners Right to Inspect Books and Records of a Nonprofit Corporation HOA under the Texas Nonprofit Corporation Law, 6.15.2 Members Right to Inspect Books and Records of a Nonprofit Association under the Texas Uniform Unincorporated Nonprofit Association Act, 6.15.3 Unit Owners Right to Inspect Books and Records of a Condominium Association under the Texas Uniform Condominium Act, 6.15.4 Lot Owners Right to Inspect Books and Records of a Subdivision Association under Chapter 209 of the Texas Property Code, 6.16 Audits of a Homeowners Associations Financial Records, 6.17 Applicability of the Texas Open Meetings Act and Public Information Act to Certain Texas Homeowners Associations, CHAPTER 7 LEVYING AND COLLECTING ASSESSMENTS, 7.2 Source and Scope of a Homeowners Associations Authority to Levy Assessments against Homeowners, 7.3 Obligation of Homeowners to Pay Assessments, 7.4 Assessment of Late Fees and Interest, 7.5 Payment Plan and Priority of Payment Schedule Requirements Applicable to Subdivision Associations, 7.5.1 Payment Plan Requirement Applicable to Subdivision Associations Consisting of 15 or More Lots, 7.5.2 Priority of Payment Schedule Applicable to All Subdivision Associations, 7.6 Reimbursement of Collection Costs and Attorneys Fees Incurred by a Homeowners Association, 7.6.1 Reimbursement of Collection Costs and Attorneys Fees Incurred by a Subdivision Association, 7.6.2 Reimbursement of Collection Costs and Attorneys Fees Incurred by a Condominium Association, 7.7 Creation, Scope, and Priority of an Assessment Lien, 7.7.1 Creation and Perfection of an Assessment Lien, 7.8 Foreclosure of an Assessment Lien, 7.8.1 Judicial Foreclosure of an Assessment Lien, 7.8.2 Non-Judicial Foreclosure of an Assessment Lien, 7.9 Pre-Foreclosure Due Process Procedures Required of Subdivision Associations, 7.9.1 Required Notice to Holders of a Junior Deed of Trust Lien and Opportunity to Cure the Assessment Delinquency, 7.9.2 Required Court Order Authorizing Non-Judicial Foreclosure of a Subdivision Associations Assessment Lien, 7.10 Statutory Restrictions on the Rights of Homeowners Associations to Foreclose an Assessment Lien, 7.11 Texas Constitutional Protection of a Homeowners Homestead, 7.11.1 Scope of Homestead Property and Invocation of Homestead Protection, 7.11.2 Preemption of Homestead Protection by a Preexisting Assessment Lien, 7.12 Protection of Active Duty Military Servicemembers from Foreclosure, 7.13 Post-Foreclosure Notice Requirements of Subdivision Associations, 7.14 Homeowners Right of Redemption Following a Foreclosure Sale, 7.14.1. Members in question and their witnesses. An owner may request a new copy of these documents, but the HOA can charge them a fee for this. Like it or not, there are politics surrounding the operations of being an HOA board member. Notice of Proposal Once the board has proposed an amendment, they must send out a notice between 10 and 30 days before the next board meeting; no more, no less. Board Meetings; Requirements and Procedures. Section 209.004 now also requires the management certificate to be filed at the Texas Real Estate Commission and restricts a property owners association from holding a property owner liable for attorneys fees incurred in the collection of unpaid assessments or interest on the unpaid assessments if the property owners association has not timely recorded the management certificate in the countys Official Public Records or filed the management certificate with the Texas Real Estate Commission. The sections of Texas law cited here place basic restrictions on the operations of these meetings. The notice requirements that apply to board meetings are distinct from those that apply to membership meetings. 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 new laws now also require that owners be given advance notice of any regular or special board meetings. Redemption of a Lot Foreclosed by a Subdivision Association, 7.14.2. In addition, certain property owners' associations may not prevent a member from voting because they owe assessments or have enforcement actions pending. 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. The VFD can quickly respond to 911 calls with fire prevention, fire protection, rescue or medical calls. 1. Well Served. On May 31, 2021, the Texas Legislature concluded the 2021 legislative session. As amended, Section 209.0052 requires property owners associations that propose to contract for services that will cost more than $50,000 to solicit bids or proposals using a bid process established by the property owners association. This bill takes effect on September 1, 2021. This requirement can be met by including the meeting agenda with the notice. And slipping HOA rules in under the cover of darkness is a big no-no. Section 207.003 also now allows a court to award damages up to $5,000 (instead of $500) in such a lawsuit. 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. General delivery includes any of the following methods: Posting the notice in a designated area (i.e., a bulletin board located at a common area pool or recreational facility) or including it within a billing statement or newsletter are the more common methods used by associations. 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