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A BILL TO BE ENTITLED
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AN ACT
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relating to the meetings of certain property owners' associations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 551.0015, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) A property owners' association is subject to this |
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chapter in the same manner as a governmental body: |
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(1) if: |
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(A) membership in the property owners' |
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association is mandatory for owners or for a defined class of owners |
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of private real property in a residential subdivision [defined
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geographic area in a county with a population of 2.8 million or more
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or in a county adjacent to a county with a population of 2.8 million
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or more]; and |
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(B) the property owners' association has the |
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power to make mandatory special assessments [for capital
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improvements] or mandatory regular assessments[; and
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[(C)
the amount of the mandatory special or
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regular assessments is or has ever been based in whole or in part on
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the value at which the state or a local governmental body assesses
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the property for purposes of ad valorem taxation under Section 20,
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Article VIII, Texas Constitution]; or |
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(2) if the property owners' association: |
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(A) provides maintenance, preservation, and |
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architectural control of residential and commercial property |
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within a defined geographic area in a county with a population of |
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2.8 million or more or in a county adjacent to a county with a |
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population of 2.8 million or more; and |
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(B) is a corporation that: |
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(i) is governed by a board of trustees who |
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may employ a general manager to execute the association's bylaws |
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and administer the business of the corporation; |
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(ii) does not require membership in the |
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corporation by the owners of the property within the defined area; |
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and |
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(iii) was incorporated before January 1, |
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2006. |
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(c) In this section, "property owners' association," |
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"regular assessment," "residential subdivision," and "special |
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assessment" have the meanings assigned by Section 209.002, Property |
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Code. |
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SECTION 2. Section 551.0015, Government Code, as amended by |
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this Act, applies only to a property owners' association meeting |
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that is held on or after September 1, 2009. A property owners' |
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association meeting that is held before September 1, 2009, is |
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governed by the law in effect at the time the meeting was held, and |
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that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |