Texas Senate Bill SB542

Texas 2025 - 89th Regular

• Filed: 12/6/24

Caption

Relating to the authority of a property owners' association to assess a fine for discolored vegetation or turf during a period of residential watering restriction.

Impact

The enactment of SB542 will directly impact the way property owners' associations enforce regulations concerning landscaping and maintenance of properties in times of drought. With water restrictions often necessary for environmental and practical reasons, this bill seeks to prevent POAs from imposing penalties that could be unreasonable under the circumstances. This change is designed to protect homeowners from financial penalties that are not consistent with the rights provided under residential watering restrictions, thus promoting a more understanding and cautious approach to community property management during drought periods.

Summary

Senate Bill 542 seeks to amend the Texas Property Code by introducing limitations on the authority of property owners' associations (POAs) to assess fines for discolored vegetation or turf during periods of residential watering restrictions. Specifically, the bill states that a POA cannot fine a property owner for violations of restrictive covenants related to the maintenance of green vegetation if the owner is subject to a water use restriction mandated by a municipality or water supplier. This legislation recognizes the challenges posed by drought conditions and the rationality behind allowing property owners to forfeit aesthetic requirements in favor of water conservation during such periods.

Contention

While the bill appears to be aimed at promoting water conservation and a more flexible approach to property management, it may also create points of contention among property owners and associations. POAs may express concerns over losing authority to enforce aesthetic regulations, which they argue are essential for maintaining property values and community standards. Additionally, the interpretation of what constitutes a 'reasonable period of time' after restrictions are lifted could lead to disputes between property owners and associations, requiring further clarification and likely legal scrutiny as the bill is implemented.

Texas Constitutional Statutes Affected

Property Code

• Chapter 202. Construction And Enforcement Of Restrictive Covenants
  • Section: New Section