Texas House Bill HB35

Texas 2013 - 83rd Regular

• Filed: 11/12/12

Caption

Relating to the authority of a property owners' association to regulate the use of certain lots for residential purposes.

Impact

The enactment of HB 35 would directly affect existing regulations under Chapter 209 of the Texas Property Code. Specifically, it would enable homeowners to construct residential improvements on adjacent lots, provided they meet the local association's regulations regarding size, location, and aesthetics. Owners are required to gain approval from the property owners' association before commencing any construction, which includes new residential structures, garages, and other improvements usually associated with homes. This change aims to support homeowners while still allowing property owners' associations to maintain some level of oversight.

Summary

House Bill 35 addresses the authority of property owners' associations to regulate land use concerning residential purposes. The bill introduces a provision that restricts these associations from prohibiting or limiting the use of adjacent lots for residential purposes by property owners in their jurisdiction. This change aims to provide greater flexibility for homeowners, allowing them to utilize adjacent lots for residential improvements without burdensome restrictions imposed by property owners' associations.

Contention

The bill sparked discussions regarding the balance of power between homeowners and property owners' associations. Proponents argue that it enhances homeowners' rights and promotes better use of residential spaces, thereby potentially increasing property values. Conversely, critics fear that allowing homeowners to build on adjacent lots could lead to overcrowding and reduced aesthetic control within neighborhoods. Furthermore, there are concerns that the bill could undermine the efforts of property owners' associations to maintain community standards and cohesive neighborhood character.