Get 1 year of free community web site hosting from Community123.com!
Wednesday, October 20, 2021











HOATalk is a free service of Community123.com:

Easy to use website tools to help your board
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: New Texas HOA legislation
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
LarryD13
(Texas)

Posts:22


07/19/2021 2:51 PM  
We are a Texas HOA. The Board does all the ACC work. We have no ACC committee.

Our management company is telling us that we must form an ACC committee which will make all decisions. The Board’s only role will be to hire and fire committee members and to hear appeals. Is the management company correct? Thank you.

MaxB4


Posts:1351


07/19/2021 2:57 PM  
Posted By LarryD13 on 07/19/2021 2:51 PM
We are a Texas HOA. The Board does all the ACC work. We have no ACC committee.

Our management company is telling us that we must form an ACC committee which will make all decisions. The Board’s only role will be to hire and fire committee members and to hear appeals. Is the management company correct? Thank you.




What do you CCRs say? That is where the answer lies.
LarryD13
(Texas)

Posts:22


07/19/2021 3:01 PM  
Texas law takes precedence and obviates whatever is in our governing documents. That tidbit is in the legislation.
BarbaraT1
(Texas)

Posts:569


07/19/2021 3:14 PM  
Posted By MaxB4 on 07/19/2021 2:57 PM
Posted By LarryD13 on 07/19/2021 2:51 PM
We are a Texas HOA. The Board does all the ACC work. We have no ACC committee.

Our management company is telling us that we must form an ACC committee which will make all decisions. The Board’s only role will be to hire and fire committee members and to hear appeals. Is the management company correct? Thank you.




What do you CCRs say? That is where the answer lies.




Alas the Texas legislature amended the state property code during the last legislative session and now, regardless of what CCRs say, no member of an architectural review committee can be a board member, spouse of a board member or reside in the same home as a board member.

Larry - your manager is mostly correct. If you are a single family association with more than 40 lots and are no longer under declarant control, you are subject to this new law. The board will appoint ACC members, (and dismiss if necessary) and hear appeals of their denials. But the board can also reverse an approval, if the approval doesn't align with existing rules. For example, if your documents don't allow above ground pools and the ACC approves one, you can veto that approval.

You can (and should) read the full text of the bill here: https://legiscan.com/TX/text/SB1588/2021

The law goes into effect on September 1, so between now and then: 1) start vetting potential ACC members so you find reasonable people you can work with and 2) review your documents and past ACC decisions. Are there community standards that aren't in the docs but that you've enforced via ACC requests? Going back to our above ground pool example... maybe the docs don't say you can't have above ground pools, but the ACC has never approved one so you de facto don't allow them? It may be possible, and you'll have to talk to your lawyer to be sure, that you can implement some architectural guidelines or standards for your new ACC to follow, so they aren't starting from scratch.


JohnT38
(South Carolina)

Posts:764


07/19/2021 5:03 PM  
We have a very good Architectural Committee and they help offload a lot of the grunt work for the board. They review the request, visit if needed, gather more info if needed and than make a recommendation to the board. If you have a good one they can add a lot of value.
LisaB21
(Texas)

Posts:8


07/19/2021 5:15 PM  
President of an HOA in Texas here - there were many items passed during the last legislative session that will need the Board attention. Most of the new items are effective Sept. 1 2021 so best read up and start preparing now. And yes, your Manager is correct if you are not under declarant control and have more than 40 homes in your association. See attached for a comprehensive list of the changes.

Attachment: 1719153133871.pdf

MarkM19
(Texas)

Posts:841


07/19/2021 5:32 PM  
Larry, Barbara and Lisa,
Thanks for the updates. Our PM just mentioned the changes to me today and I meant to look into it. The links are helpful.

Mark
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > New Texas HOA legislation



Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement