Relating to restrictive covenants related to swimming pool enclosures.
Impact
The passage of HB 67 would significantly alter the landscape of property regulations concerning private swimming pools across Texas. If enacted, the law would ensure that property owners have the right to build enclosures designed with safety in mind, regardless of existing restrictive covenants imposed by their property owners' associations. Furthermore, while associations can regulate the appearance of these enclosures - such as permissible colors - they are not able to impose complete bans on enclosures that conform to safety standards. This change could enhance safety for families, particularly around young children and pets.
Summary
House Bill 67 addresses restrictions imposed by property owners' associations on swimming pool enclosures. The bill amends Chapter 202 of the Property Code, specifically adding Section 202.022, which clearly defines what constitutes a swimming pool enclosure and delineates the rights of property owners concerning such enclosures. This legislation aims to prevent property owners' associations from prohibiting or restricting the installation of enclosures that conform to applicable safety standards, thus providing more freedom to homeowners in the installation of safety features around pools and spas.
Sentiment
Overall, the sentiment surrounding HB 67 appears positive, especially among homeowners and families who prioritize safety in residential areas. The bill is viewed as a progressive step toward enhancing personal freedoms in property ownership, supporting the idea that homeowners should have control over their property in accordance with state and local safety standards. However, some property owners' associations may express concern about the loss of regulatory authority, which they often argue is essential for maintaining community standards.
Contention
The key points of contention surrounding HB 67 stem from the balance between property owners' rights and the authority of property owners' associations. While advocates of the bill emphasize increased safety for homeowners and their families, opponents may argue that this could lead to mismatched aesthetics and potential conflicts within communities. Additionally, the legislation's allowance for associations to still regulate the appearance of enclosures might lead to disputes over what constitutes undue restriction or necessary standards, raising questions about local governance and community control.
Relating to enforcement by a property owners' association of a restrictive covenant that prevents a property owner from building or installing certain security measures.