Texas 2023 - 88th Regular

Texas House Bill HB1786

Filed
1/27/23  
Out of House Committee
5/3/23  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the amendment of restrictive covenants of certain residential subdivisions.

Impact

The implementation of HB 1786 is set to impact state property laws significantly, as it introduces a legal requirement for notifying landowners about amendments to restrictive covenants. This change aims to protect homeowners by providing them with a formal process to voice their opinions and cast their votes on proposed amendments, effectively allowing them to have a say on issues that could influence their living conditions and property values. Moreover, it aims to facilitate better communication between property owners and any governing bodies, thereby fostering a more inclusive community planning process.

Summary

House Bill 1786, introduced by Representative Burns, pertains to the amendment of restrictive covenants within certain residential subdivisions that lack mandatory property owners' associations. The bill mandates prior notification to landowners regarding any new or amended restrictive covenant being adopted. This requirement ensures that property owners are informed through certified mail of proposed changes, thus enhancing transparency and giving homeowners a chance to participate actively in decisions that affect their property rights and community standards.

Sentiment

The sentiment surrounding HB 1786 appears to be mixed, reflecting a divide among stakeholders in the community. Supporters, including homeowners and some community organization advocates, appreciate the bill for promoting homeowner rights and ensuring they are adequately informed before changes that may affect their properties. In contrast, some opposition exists, particularly from entities that may find the requirement cumbersome or restrictive, which raises concerns about additional administrative burdens on property management and governance in subdivisions.

Contention

Notable points of contention surrounding HB 1786 include concerns raised by some organizations that represent property owners, who contend that the bill could inadvertently slow down the amendment process for necessary updates to covenants. There may be pushback regarding the requirement for certified mail notifications and the specifics of how voting is to be conducted and tabulated. The balance between ensuring homeowner rights and maintaining effective governance within residential communities remains a significant topic of discussion among stakeholders.

Texas Constitutional Statutes Affected

Property Code

  • Chapter 202. Construction And Enforcement Of Restrictive Covenants
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 209. Texas Residential Property Owners Protection Act
    • Section: 0042

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.