Texas House Bill HB1976

Texas 2009 - 81st Regular

• Out of House Committee: 4/28/09
• Voted on by House: 5/17/09
• Out of Senate Committee: 5/23/09

Caption

Relating to the operation of property owners' associations.

Impact

The bill will significantly alter how property owners' associations operate, particularly in how they interact with homeowners. With stricter guidelines on assessments and how covenants are enforced, homeowners will have greater oversight and control over decisions that may affect their property rights. Additionally, the requirement for open meetings and notice provisions seeks to enhance transparency, allowing homeowners to stay informed about the actions and decisions of their associations.

Summary

House Bill 1976 pertains to the operation of property owners' associations in Texas. The bill amends the Texas Property Code, strengthening the rights of homeowners and imposing limitations on the powers of property owners' associations. Key reforms include the necessity for associations to provide a resale certificate to new buyers and the requirement for a majority vote from members to increase assessments beyond ten percent. The bill also voids provisions that restrict homeowners from parking on public streets or in their driveways, aiming to protect property owners from overly restrictive covenants.

Contention

Despite its potential benefits for homeowners, the bill has also garnered criticism, particularly from property owners' associations that view these changes as an encroachment upon their governance capabilities. Opponents argue that by restricting the powers of associations, the bill undermines their ability to maintain community standards and effectively manage shared resources. Furthermore, the provisions related to the enforcement of solar energy installations have sparked debates about balancing property rights with community aesthetic standards.