By: West S.B. No. 1502
A BILL TO BE ENTITLED
AN ACT
relating to changing the composition of a board of a property
owners' association in certain circumstances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 209, Property Code, is amended by adding
Section 209.014 to read as follows:
Sec. 209.014. MANDATORY ELECTIONS IN CERTAIN
CIRCUMSTANCES. (a) Notwithstanding any provision in a dedicatory
instrument, the board of the property owners' association shall
call a special election to elect a new board not later than the 30th
day after the date on which the board fails to call a regular
meeting of the members of the association as required by a
dedicatory instrument.
(b) If the board fails to call a special election as
required under Subsection (a), an owner may demand that the
election be held within a reasonable time. The demand must be made
in writing and sent to each board member by certified mail, return
receipt requested.
(c) If the board fails to call the special election before
the 61st day after the date the owner mailed the demand under
Subsection (b), an owner may compel the association to hold the
special election by initiating legal action against the board
members. Each owner has a justiciable interest sufficient to
initiate and prosecute a legal action described by this subsection.
SECTION 2. The changes in law made by this Act apply to a
property owners' association created before, on, or after the
effective date of this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.