Texas 2023 - 88th Regular

Texas House Bill HB3423

Filed
3/3/23  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to organization of, meetings of, and voting by condominium unit owners' associations and property owners' associations.

Impact

If enacted, HB 3423 will amend Sections of the Texas Property Code to provide clarity and flexibility in the governance of condominiums and property owners' associations. The bill allows for meetings to be held via electronic means, addressing inconsistencies between current statutes governing organizations. This flexibility aims to enhance participation for unit owners who may face challenges attending in-person meetings, thereby promoting inclusivity in decision-making processes. It is expected that this amendment will alleviate some of the bureaucratic hurdles historically faced by such associations when organizing and executing meetings or voting.

Summary

House Bill 3423, introduced by Representative Bryant, focuses on the organization of meetings and voting procedures for condominium unit owners' associations and property owners' associations in Texas. Aimed at improving existing regulations, the bill proposes updates to the Texas Property Code, allowing these associations to hold meetings and conduct voting electronically and through telecommunication methods. This legislative effort is viewed as a necessary modernization to facilitate greater participation and efficiency in how these associations operate, particularly in a post-COVID-19 landscape where remote communication has become more prevalent.

Sentiment

The sentiment surrounding HB 3423 appears to be predominantly positive, with advocates emphasizing the importance of adapting to modern communication technologies. Proponents, including representatives from the Texas Community Association Advocates, have expressed support for the bill, while also highlighting the need for potential amendments to ensure fairness and transparency in its implementation. Although there is strong backing from stakeholders within the community association sector, some concerns were raised about how these changes might affect member engagement and governance dynamics within smaller associations.

Contention

Notable points of contention revolve around the method of conducting meetings and votes, particularly with respect to preserving traditional governance practices while integrating new technologies. Some critics worry that the shift toward electronic voting could lead to a lack of transparency or reduce accountability in decision-making processes. Thus, while the bill seeks to streamline operations and increase participation, it also opens up discussions about the ethical implications of remote governance, especially in terms of how it may alter long-standing community engagement practices.

Texas Constitutional Statutes Affected

Property Code

  • Chapter 82. Uniform Condominium Act
    • Section: New Section
    • Section: 108
    • Section: 110
  • Chapter 209. Texas Residential Property Owners Protection Act
    • Section: 0056
    • Section: 00592

Companion Bills

TX SB1767

Identical Relating to organization of, meetings of, and voting by condominium unit owners' associations and property owners' associations.

Similar Bills

No similar bills found.