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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. Are You Buying or Selling a Home in an HOA? The committee meetings generally are subject to the same requirements as is the open board meeting, such as providing notice and keeping minutes. Please take our patron satisfaction survey! 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. Please be aware that Homeowners in attendance at the meeting are entitled to observe but not participate in the meeting unless they are recognized by the presiding officer during the course of the meeting. This document informs the members about the venue, date, time, and agenda of the meeting. Due to the size and scope of Senate Bill 1588, it shall be summarized in separate sub-parts by topic. A lot of different topics are covered during such encounters, such as: Maintenance and renovation projects As such, this report should be used for general informational purposes only and may not be construed as a legal opinion or legal advice. Formed in 2012, today SWB has more than 16 attorneys. Senate Bill 1588 has 27 separate sections that add or modify statutory provisions in Chapters 202, 207 and 209 of the Texas Property Code, including provisions identical to those in House Bill 3571 (Protection of Security Measures) and Senate Bill 581 (Protection of Displayed Religious Items). 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. It's clear, concise, and can help you outline your overall goal while sticking to a schedule. Senate Bill 318 adds Section 82.1141 to the Texas Property Code, which incorporates new statutory provisions for the production and keeping of records by condominium associations that are substantially similar to existing statutory provisions that are already applicable to property owners associations that administer subdivision developments pursuant to Section 209.005 of the Texas Property Code. The Procom class action lawsuit seeks to represent Ontario residents who were placed by Procom since 2009 and were classified as independent contractors. When an HOA board meets in an Executive Session As noted before, the reasons an HOA board can call for an Executive Session are very specific. Homeowners Contractual Right to Enforce Restrictive Covenants, 12.5.2. Texas nonprofit corporation law does state that a list of voting members shall be prepared once a meeting is called. Senate Bill 1588 modifies Section 209.0064 of the Texas Property Code, which requires written notice of a delinquent account be sent to property owners by a property owners association that administers a subdivision development before the property owner can be made liable for the fees of a collection agent. These meetings are the board meeting, annual meeting, executive session, committee meeting, and emergency session. Designed by Elegant Themes | Powered by WordPress. Everything else is fair game for a regular or special meeting. 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. What is an HOA Architectural Review Authority? An Executive Session Please be advised that the Board of Directors (the Board) for Lands End Homeowners Association (the Association) intends to conduct a regular Board meeting at 3 pm on Wednesday, January 5, 2022, at The Sporting Club At Lands End Clubhouse located at285 PR 5980, Yantis, TX 75497. Permissible Regulation of the installation of Irrigation Systems and Water-Conserving Landscaping and Hardscape, 10.7 Display of Political Signs under Section 202.009 of the Texas Property Code, 10.8 Protection of Solar Energy Devices under Section 202.010 of the Texas Property Code, 10.8.1. Section 202.023, however, does permit a property owners association to regulate the type of fencing that a property owner may install. However, there are two changes, of major import, to the law governing board action taken outside of a meeting. 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. 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. For a rural community, this is an added benefit that you won't find anywhere else on the Lake. 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 . Can just anyone attend? As modified, the Declaration amendment procedure under Section 209.0041 may not be used to amend a Declaration if the amendment will affect a portion of the subdivision development that is zoned for or that contains, or previously contained as specifically allowed under the Declaration, a commercial structure, an industrial structure, an apartment complex, or a condominium. It allows a member to demand a meeting if the board fails to call one. Boardline Academy also provides board member training courses for new and experienced HOA board members. (Corp. Code 7211(a)(3). Execution of a Written Consent in Lieu of a Board Meeting, 4.13 Agenda and Order of Business at a Board Meeting, 4.14 Conducting a Board Meeting and Decorum, 4.15 Participation of Non-Directors at a Board Meeting, 4.16 Recording and Taping of a Board Meeting, CHAPTER 5 MEETINGS OF A HOMEOWNERS ASSOCIATIONS MEMBERSHIP, 5.2 Actions that Require Approval of a Homeowners Associations Membership, 5.3 Taking Actions by Consent without a Membership Meeting, 5.3.1 Actions by Unanimous Written Consent, 5.3.2 Actions by Less than Unanimous Written Consent, 5.3.3 Execution of a Written Consent in Lieu of a Membership Meeting, 5.4 Location of Membership Meetings, 5.5 Annual Meetings of a Homeowners Associations Membership, 5.5.1 Annual Membership Meeting Requirement of Nonprofit Corporation HOAs under the Texas Nonprofit Corporation Law, 5.5.2 Annual Membership Meeting Requirement of Subdivision Associations under Chapter 209 of the Texas Property Code, 5.6 Special Meetings of a Homeowners Associations Membership, 5.7 Notice of a Membership Meeting, 5.7.1 General Requirements Concerning Notice of a Membership Meeting, 5.7.2 Specific Requirements of Condominium Associations Concerning Notice of a Membership Meeting, 5.7.3 Specific Requirements of Subdivision Associations Concerning Notice of a Membership Meeting, 5.7.4 Exceptions to and Waiver of a Membership Meeting Notice, 5.8 Pre-Membership Meeting Procedures: Setting a Record Date for Determination of Membership and Preparing a Membership Voting List, 5.8.1 Establishing a Record Date for Determination of Membership, 5.8.2 Preparation of a Membership Voting List, 5.9 Agenda and Order of Business at a Membership Meeting, 5.10 Conducting a Membership Meeting and Decorum, 5.11 Establishment of a Quorum at a Membership Meeting, 5.12 Voting of Members at a Membership Meeting, 5.12.3 Membership Voting Approval Requirements, 5.12.4 Methods for Casting Ballots in a Membership Vote, 5.13.1 Election Voting Systems in General, 5.13.2. 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texas hoa board meeting notice