Texas 2025 - 89th Regular

Texas Senate Bill SB2629 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 2629
	1	+	By: Creighton S.B. No. 2629
	2	+	(Darby)
2	3
3	4
4	5
5	6
	7	+	A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to organization of, meetings of, and voting by condominium
8	10		unit owners' associations and property owners' associations.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Section 82.101, Property Code, is amended to
11	13		read as follows:
12	14		Sec. 82.101. ORGANIZATION OF UNIT OWNERS' ASSOCIATION. A
13	15		unit owners' association must be organized as a profit or nonprofit
14	16		corporation. The declarant may not convey a unit until the
15	17		secretary of state has issued a certificate of formation
16	18		[incorporation] under the Texas Corporation Law [Article 3.03,
17	19		Texas Business Corporation Act, or Article 3.03, Texas Non-Profit
18	20		Corporation Act (Article 1396-3.03, Vernon's Texas Civil
19	21		Statutes)]. The membership of the association at all times
20	22		consists exclusively of all the unit owners or, following
21	23		termination of the condominium, all former unit owners entitled to
22	24		distribution of proceeds, or the owners' heirs, successors, or
23	25		assigns.
24	26		SECTION 2. Section 82.108, Property Code, is amended by
25	27		amending Subsections (c), (d), and (e) and adding Subsections (b-1)
26	28		and (c-1) to read as follows:
27	29		(b-1) A meeting of the association may be held by any method
28	30		of communication, including electronic and telephonic means as
29	31		provided by Section 6.002, Business Organizations Code.
30	32		(c) A [Unless the declaration, bylaws, or articles of
31	33		incorporation of the association provide otherwise:
32	34		[(1) a] meeting of the board may be held by any method
33	35		of communication, including electronic and telephonic means as
34	36		provided by Section 6.002, Business Organizations Code, if:
35	37		(1) [(A)] notice of the meeting has been given in
36	38		accordance with Subsection (e);
37	39		(2) [(B)] each director may hear and be heard by every
38	40		other director; and
39	41		(3) [(C)] the meeting does not involve voting on a
40	42		fine, damage assessment, appeal from a denial of architectural
41	43		control approval, or suspension of a right of a particular
42	44		association member before the member has an opportunity to attend a
43	45		board meeting to present the member's position, including any
44	46		defense, on the issue.
45	47		(c-1) The [; and
46	48		[(2) the] board may act by unanimous written consent
47	49		of all the directors, without a meeting, if:
48	50		(1) [(A)] the board action does not involve voting on
49	51		a fine, damage assessment, appeal from a denial of architectural
50	52		control approval, or suspension of a right of a particular
51	53		association member before the member has an opportunity to attend a
52	54		board meeting to present the member's position, including any
53	55		defense, on the issue; and
54	56		(2) [(B)] a record of the board action is filed with
55	57		the minutes of board meetings.
56	58		(d) Notice of a meeting of the association must be given as
57	59		provided by the bylaws, or, if the bylaws do not provide for notice,
58	60		notice must be given to each unit owner in the same manner in which
59	61		notice is given to members of a nonprofit corporation under
60	62		Sections 6.051 and 22.156, Business Organizations Code [Section A,
61	63		Article 2.11, Texas Non-Profit Corporation Act (Article 1396-2.11,
62	64		Vernon's Texas Civil Statutes)].
63	65		(e) Notice of a meeting of the board must be given as
64	66		provided by the bylaws, or, if the bylaws do not provide for notice,
65	67		notice must be given to each board member in the same manner in
66	68		which notice is given to members of the board of a nonprofit
67	69		corporation under Sections 6.051, 6.052, and 22.217, Business
68	70		Organizations Code [Section B, Article 2.19, Texas Non-Profit
69	71		Corporation Act (Article 1396-2.19, Vernon's Texas Civil
70	72		Statutes)].
71	73		SECTION 3. Section 82.110, Property Code, is amended by
72	74		adding Subsection (d) to read as follows:
73	75		(d) Voting may be conducted electronically as provided by
74	76		Section 6.002, Business Organizations Code.
75	77		SECTION 4. Section 209.0056, Property Code, is amended by
76	78		adding Subsection (d) to read as follows:
77	79		(d) A meeting of the owners held under this section may be
78	80		held by any method of communication, including electronic and
79	81		telephonic means as provided by Section 6.002, Business
80	82		Organizations Code.
81	83		SECTION 5. Section 209.00592(a-1), Property Code, is
82	84		amended to read as follows:
83	85		(a-1) Except as provided by this subsection, unless a
84	86		dedicatory instrument provides otherwise, a property owners'
85	87		association is not required to provide an owner with more than one
86	88		voting method. An owner must be allowed to vote by one of the
87	89		following voting methods:
88	90		(1) absentee ballot; [or]
89	91		(2) proxy; or
90	92		(3) electronic ballot.
91	93		SECTION 6. This Act takes effect September 1, 2025.
92		-	______________________________ ______________________________
93		-	President of the Senate Speaker of the House
94		-	I hereby certify that S.B. No. 2629 passed the Senate on
95		-	April 24, 2025, by the following vote: Yeas 31, Nays 0.
96		-	______________________________
97		-	Secretary of the Senate
98		-	I hereby certify that S.B. No. 2629 passed the House on
99		-	May 5, 2025, by the following vote: Yeas 137, Nays 2, two present
100		-	not voting.
101		-	______________________________
102		-	Chief Clerk of the House
103		-	Approved:
104		-	______________________________
105		-	Date
106		-	______________________________
107		-	Governor