Texas 2025 - 89th Regular

Texas House Bill HB1926 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	89R2584 CS-F
2	2	By: Darby H.B. No. 1926
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to organization of, meetings of, and voting by condominium
10	10	unit owners' associations and property owners' associations.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 82.101, Property Code, is amended to
13	13	read as follows:
14	14	Sec. 82.101. ORGANIZATION OF UNIT OWNERS' ASSOCIATION. A
15	15	unit owners' association must be organized as a profit or nonprofit
16	16	corporation. The declarant may not convey a unit until the
17	17	secretary of state has issued a certificate of formation
18	18	[incorporation] under the Texas Corporation Law [Article 3.03,
19	19	Texas Business Corporation Act, or Article 3.03, Texas Non-Profit
20	20	Corporation Act (Article 1396-3.03, Vernon's Texas Civil
21	21	Statutes)]. The membership of the association at all times consists
22	22	exclusively of all the unit owners or, following termination of the
23	23	condominium, all former unit owners entitled to distribution of
24	24	proceeds, or the owners' heirs, successors, or assigns.
25	25	SECTION 2. Section 82.108, Property Code, is amended by
26	26	amending Subsections (c), (d), and (e) and adding Subsections (b-1)
27	27	and (c-1) to read as follows:
28	28	(b-1) A meeting of the association may be held by any method
29	29	of communication, including electronic and telephonic means as
30	30	provided by Section 6.002, Business Organizations Code.
31	31	(c) A [Unless the declaration, bylaws, or articles of
32	32	incorporation of the association provide otherwise:
33	33	[(1) a] meeting of the board may be held by any method
34	34	of communication, including electronic and telephonic means as
35	35	provided by Section 6.002, Business Organizations Code, if:
36	36	(1) [(A)] notice of the meeting has been given in
37	37	accordance with Subsection (e);
38	38	(2) [(B)] each director may hear and be heard by every
39	39	other director; and
40	40	(3) [(C)] the meeting does not involve voting on a
41	41	fine, damage assessment, appeal from a denial of architectural
42	42	control approval, or suspension of a right of a particular
43	43	association member before the member has an opportunity to attend a
44	44	board meeting to present the member's position, including any
45	45	defense, on the issue.
46	46	(c-1) The [; and
47	47	[(2) the] board may act by unanimous written consent
48	48	of all the directors, without a meeting, if:
49	49	(1) [(A)] the board action does not involve voting on
50	50	a fine, damage assessment, appeal from a denial of architectural
51	51	control approval, or suspension of a right of a particular
52	52	association member before the member has an opportunity to attend a
53	53	board meeting to present the member's position, including any
54	54	defense, on the issue; and
55	55	(2) [(B)] a record of the board action is filed with
56	56	the minutes of board meetings.
57	57	(d) Notice of a meeting of the association must be given as
58	58	provided by the bylaws, or, if the bylaws do not provide for notice,
59	59	notice must be given to each unit owner in the same manner in which
60	60	notice is given to members of a nonprofit corporation under
61	61	Sections 6.051 and 22.156, Business Organizations Code [Section A,
62	62	Article 2.11, Texas Non-Profit Corporation Act (Article 1396-2.11,
63	63	Vernon's Texas Civil Statutes)].
64	64	(e) Notice of a meeting of the board must be given as
65	65	provided by the bylaws, or, if the bylaws do not provide for notice,
66	66	notice must be given to each board member in the same manner in
67	67	which notice is given to members of the board of a nonprofit
68	68	corporation under Sections 6.051, 6.052, and 22.217, Business
69	69	Organizations Code [Section B, Article 2.19, Texas Non-Profit
70	70	Corporation Act (Article 1396-2.19, Vernon's Texas Civil
71	71	Statutes)].
72	72	SECTION 3. Section 82.110, Property Code, is amended by
73	73	adding Subsection (d) to read as follows:
74	74	(d) Voting may be conducted electronically as provided by
75	75	Section 6.002, Business Organizations Code.
76	76	SECTION 4. Section 209.0056, Property Code, is amended by
77	77	adding Subsection (d) to read as follows:
78	78	(d) A meeting of the owners held under this section may be
79	79	held by any method of communication, including electronic and
80	80	telephonic means as provided by Section 6.002, Business
81	81	Organizations Code.
82	82	SECTION 5. Section 209.00592(a-1), Property Code, is
83	83	amended to read as follows:
84	84	(a-1) Except as provided by this subsection, unless a
85	85	dedicatory instrument provides otherwise, a property owners'
86	86	association is not required to provide an owner with more than one
87	87	voting method. An owner must be allowed to vote by one of the
88	88	following voting methods:
89	89	(1) absentee ballot; [or]
90	90	(2) proxy; or
91	91	(3) electronic ballot.
92	92	SECTION 6. This Act takes effect September 1, 2025.