Texas House Bill HB2948

Texas 2021 - 87th Regular

Caption

Relating to the authority of a county to regulate condominiums.

Impact

This legislation specifically prohibits counties from requiring the division of undivided common interests in a condominium or any other form of designated ownership interests. Additionally, counties are restricted from regulating the internal site development of land designated as a condominium, with limited exceptions for ensuring adequate public street frontage or utility easements. As a result, this bill could facilitate a more straightforward approach to condominium development, potentially encouraging increased housing options in a state grappling with housing shortages.

Summary

House Bill 2948 seeks to clarify and limit the authority of counties in Texas regarding the regulation of condominiums. Specifically, the bill establishes that a condominium declaration shall not be considered a subdivision of land as per the Local Government Code. This adjustment means that counties cannot impose certain regulations typically applicable to subdivisions on condominiums, which may impact how these properties are developed and managed at the local level.

Contention

While the bill aims to streamline condominium regulation, there may be concerns regarding local governance and control. Critics could argue that the limitations imposed by HB2948 may undermine the counties' ability to enforce localized land-use regulations that address specific community needs, particularly regarding infrastructure and public amenities. The balance between state-level regulation and local autonomy will likely be a point of contention among stakeholders, including developers and local governments.