| 1 | 1 | | 84R6776 NC-D |
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| 2 | 2 | | By: Burton S.B. No. 1244 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to property owners' association elections and votes. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 209.0041(h), Property Code, is amended |
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| 10 | 10 | | to read as follows: |
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| 11 | 11 | | (h) Except as provided by this subsection, a declaration may |
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| 12 | 12 | | be amended only by a vote of 60 [67] percent of the total votes cast |
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| 13 | 13 | | by members of [allocated to property owners in] the property |
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| 14 | 14 | | owners' association, in addition to any governmental approval |
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| 15 | 15 | | required by law. If the declaration contains a lower threshold |
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| 16 | 16 | | [percentage], the threshold [percentage] in the declaration |
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| 17 | 17 | | controls. |
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| 18 | 18 | | SECTION 2. Section 209.0056(a), Property Code, is amended |
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| 19 | 19 | | to read as follows: |
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| 20 | 20 | | (a) Not later than the 30th [10th] day or earlier than the |
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| 21 | 21 | | 60th day before the date of an election or vote, a property owners' |
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| 22 | 22 | | association shall give written notice of the election or vote to: |
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| 23 | 23 | | (1) each owner of property in the property owners' |
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| 24 | 24 | | association, for purposes of an association-wide election or vote; |
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| 25 | 25 | | or |
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| 26 | 26 | | (2) each owner of property in the property owners' |
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| 27 | 27 | | association entitled under the dedicatory instruments to vote in a |
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| 28 | 28 | | particular representative election, for purposes of a vote that |
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| 29 | 29 | | involves election of representatives of the association who are |
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| 30 | 30 | | vested under the dedicatory instruments of the property owners' |
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| 31 | 31 | | association with the authority to elect or appoint board members of |
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| 32 | 32 | | the property owners' association. |
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| 33 | 33 | | SECTION 3. The change in law made by this Act applies only |
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| 34 | 34 | | to an election or vote held on or after November 1, 2015. An |
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| 35 | 35 | | election or vote held before November 1, 2015, is governed by the |
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| 36 | 36 | | law applicable to the election or vote immediately before the |
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| 37 | 37 | | effective date of this Act, and that law is continued in effect for |
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| 38 | 38 | | that purpose. |
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| 39 | 39 | | SECTION 4. This Act takes effect September 1, 2015. |
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