Texas 2015 - 84th Regular

Texas House Bill HB2797

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

Caption

Relating to the operation of certain property owners' associations.

Impact

If enacted, HB2797 would significantly impact the functioning of property owners' associations across Texas. By establishing clearer requirements for communication, including provisions for verified mail notifications about violations and meetings, the bill seeks to protect homeowners' rights and create a more structured framework for proposing and voting on changes within the association. The legislative amendments also propose that homeowners have more autonomy in how board meetings are conducted, promoting opportunities for verbal participation through telephonic or electronic means. Overall, the bill aims to balance the governance needs of property owners' associations with the rights of individual homeowners.

Summary

House Bill 2797, introduced by Representative Villalba, addresses the governance and operation of property owners' associations in Texas. The bill amends several sections of the Property Code, aiming to clarify the definitions and procedural guidelines for these associations, which manage common areas and enforce neighborhood covenants. Key changes include new provisions regarding the issuance of notices to property owners, the requirements for conducting board meetings, and the processes for voting in association elections. The bill emphasizes the importance of transparency and communication between the boards of these associations and property owners, ensuring that owners have adequate opportunities to participate in governance decisions.

Sentiment

The general sentiment surrounding HB2797 appears to be supportive from many property rights advocates and homeowners who see the value in enhanced transparency and fairness in their associations. However, concerns have been raised by some individuals about the feasibility of the additional requirements imposed on associations, particularly smaller or newer associations that may struggle with the administrative burden of compliance. As such, while many welcome the legislation as a means to empower homeowners, there are apprehensions regarding the potential challenges for associations in adopting the new standards.

Contention

Notable points of contention primarily revolve around the potential increase in operational complexity and costs for property owners' associations. Critics argue that the requirements for extensive notification and procedural fairness could lead to unnecessary bureaucratic hurdles that complicate decision-making processes. Furthermore, some stakeholders worry that the legislation may inadvertently hinder the ability of associations to effectively manage properties, especially in cases where quick action is needed for violations or community issues. Overall, the bill fosters a debate between enhancing homeowners' rights and maintaining efficient and practical governance structures for property owners' associations.

Companion Bills

TX SB1168

Identical Relating to the operation of certain property owners' associations, condominium unit owners' associations, and councils of owners.

Similar Bills

CA SB812

Property taxation: tax-defaulted property sales: minimum price.

CA SB603

Property taxation: transfer of base year value: disaster relief.

CA AB1716

Estate disposition.

CA AB556

Property taxation: transfer of base year value: disaster relief.

CA AB245

Property taxation: application of base year value: disaster relief.

CA AB2985

Property taxation.

CA SB663

Winter Fires of 2025: real property tax: exemptions and reassessment.

CA AB2016

Decedents’ estates.