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A BILL TO BE ENTITLED
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AN ACT
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relating to changing the composition of a board of a property |
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owners' association in certain circumstances. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 209, Property Code, is amended by adding |
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Section 209.014 to read as follows: |
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Sec. 209.014. MANDATORY ELECTIONS IN CERTAIN |
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CIRCUMSTANCES. (a) Notwithstanding any provision in a dedicatory |
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instrument, the board of the property owners' association shall |
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call a special election to elect a new board not later than the 30th |
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day after the date on which the board fails to call a regular |
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meeting of the members of the association as required by a |
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dedicatory instrument. |
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(b) If the board fails to call a special election as |
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required under Subsection (a), an owner may demand that the |
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election be held within a reasonable time. The demand must be made |
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in writing and sent to each board member by certified mail, return |
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receipt requested. |
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(c) If the board fails to call the special election before |
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the 61st day after the date the owner mailed the demand under |
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Subsection (b), an owner may compel the association to hold the |
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special election by initiating legal action against the board |
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members. Each owner has a justiciable interest sufficient to |
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initiate and prosecute a legal action described by this subsection. |
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SECTION 2. The changes in law made by this Act apply to a |
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property owners' association created before, on, or after the |
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effective date of this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |