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Board Meetings and Minutes [link]
Selected HOA Governing Docs and Texas Law
Bylaws > ARTICLE 2 STATUTORY COMPLIANCE
2.1. APPLICABLE LAW. Any reference in these Bylaws to "applicable law" means the law then in effect for the Association,
the Property, the parties, and the circumstances. These Bylaws are written in an era of increasing State regulation of
governance by property owners associations in Texas. Because members and leaders of homeowner associations have
historically relied on their association's bylaws, rather than State statutes, for guidance in governance, it is customary for
bylaws to be written with enough specificity to serve as a helpful roadmap for operating the association and protecting the
rights of members. However, in an era of legislative activism, governing documents with detailed requirements that are legally
compliant when written may create a trap for associations that are unaware of law changes that modify, override, or
supplement their governing documents. As initially drafted, these Bylaws do not recite all of the detailed statutory requirements
of applicable law, which may change with every biennial session of the Texas Legislature. Instead, these Bylaws anticipate that
the Association will supplement these Bylaws with resolutions, policies, and procedures adopted by the board from time to time
to implement or comply with the requirements of applicable law or the Governing Documents.
2.2. INSTRUCTIONS & SUGGESTIONS. Also pertaining to applicable law:
a. Do not use any provision of these Bylaws "as is" without knowing whether and how the
provision Is affected by applicable law.
b. Follow the law, not these Bylaws, unless applicable law defers to these Bylaws.
c. Embrace change. As applicable laws and standards of practice change, go with the flow and
give change a chance. This suggestion applies to members as well as leaders of the Association.
d. Supplement these Bylaws, as appropriate, from time to time, with resolutions, policies, and
procedures adopted by the board to comply with the requirements of applicable law and what evolve
as the conventional wisdom and customary practice for homeowner associations.
e. Don't be limited by applicable law. The board may adopt policies and procedures that go further
than the minimum statutory requirements or the requirements of these Bylaws towards making the
Association more responsive to its members. This is a suggestion, not a requirement.
2.3. GENERAL PROVISIONS.
2.3.1. Conflicts. If a law is enacted that contravenes a policy, procedure, rule, or guideline of the Association, the new law
is superior. The Association intends to refrain from implementing or enforcing any provision of a Governing Document, or any
policy, procedure, protocol, rule, or guideline that is made unenforceable or void by changes in public law.
Bylaws > ARTICLE 17 GOVERNING PROTOCOLS REQUIRED BY STATE LAW
Organizations
Practical Advice for Condominium and Homeowners Association Leadership
Texas Community Association Advocates (TCAA)
is the public policy voice of community associations and the professionals who serve them.
Our stakeholders include community associations, board members, managers, attorneys, developers,
builders, title companies, management companies, real estate professionals, realtors, homeowners
and others who provide service to those living in deed restricted communities.
TEXAS POA LEGISLATIVE UPDATE, July, 2015
The Hignell Companies (CA) > HOA Manager Blog