Texas House Bill HB1087

Texas 2025 - 89th Regular

• Filed: 11/12/24
• Out of House Committee: 5/13/25

Caption

Relating to the process for filling a vacancy on the board of certain property owners' associations.

Impact

The implementation of HB 1087 will bring significant changes to the way property owners' associations operate within Texas. By requiring vacancies to be filled through a special election, the bill seeks to enhance accountability and ensure that the voices of property owners are heard. This may lead to increased engagement from members of associations, as they play a direct role in deciding their representatives. However, it could also result in logistical challenges, such as coordinating elections and managing the process of special elections, particularly if vacancies occur frequently.

Summary

House Bill 1087 relates to the process of filling vacancies on the boards of certain property owners' associations in Texas. The bill mandates that if a board member's term has expired, a special election must be called to fill the vacancy, rather than allowing the board to appoint a member. This legislation impacts the governance structure of property owners' associations, emphasizing democratic election processes over appointment methods, which may be perceived as less transparent. The bill aims to empower property owners by strengthening their control over association governance.

Sentiment

The sentiment surrounding HB 1087 appears to be generally positive among proponents of transparency and local governance. Supporters appreciate the push towards ensuring that board members are elected rather than appointed, viewing this as a move towards greater participatory governance. However, there may be some reservations from existing board members and associations who might prefer maintaining appointment power for swift decision-making. The potential administrative burdens introduced by the need to hold special elections could be a point of contention for those concerned about operational efficiency.

Contention

The central points of contention regarding HB 1087 involve the balance between empowering property owners and the practical implications of conducting frequent special elections. Opponents might argue that this could lead to election fatigue among association members, or that it complicates the governance structure, making it harder for associations to function effectively during times of transition. The debate underscores a broader question about the best practices in association governance and the management of property owner interests.

Texas Constitutional Statutes Affected

Property Code

• Chapter 209. Texas Residential Property Owners Protection Act
  • Section: 00593
  • Section: 00593
  • Section: 00593