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