Texas Senate Bill SB1228

Texas 2017 - 85th Regular

Caption

Relating to the approval by a property owners' association of repairs to residential property after a weather-related or naturally occurring event.

Impact

The implications of SB1228 are significant for homeowners within communities governed by property owners' associations. By enforcing an immediate approval requirement for repair applications, the bill aims to protect homeowners from potential delays that might occur during the restoration process. This is particularly crucial in the aftermath of natural disasters, where timely repairs can reduce further damage and expenses. Consequently, the legislation enhances homeowner rights while setting clearer expectations for property owners' associations regarding their role in the repair approval process.

Summary

Senate Bill 1228 addresses the procedures that property owners' associations (POAs) must follow regarding the approval of repair applications for residential properties that have sustained damage due to weather-related or other naturally occurring events. The bill mandates that if a property owner applies to restore their property to the condition it was in prior to such an event, the POA is required to approve this application unless explicitly prohibited by a dedicatory instrument. This legislative change reflects an effort to streamline and expedite the repair processes for homeowners, ensuring they are not overly hindered by their associations when seeking to restore their property after a disaster.

Contention

The bill may face contention regarding the balance of power between property owners and their associations. While proponents argue that the legislation empowers homeowners and facilitates faster recovery from natural events, critics might raise concerns about the potential for abuse by homeowners who seek repairs that could exceed 'substantial restoration,' thereby impacting the community's overall aesthetics or property values. Additionally, discussions may arise concerning the definitions within the bill that outline the limits and responsibilities of both the homeowners and the associations involved.