Roanoke, TEXAS 76262

HOA Board Documents and Resources

        HannahHomeTexas Area Details Our House Manuals HO Resources Governing Documents Texas Law MA Info HOA Board Resources HOABoard Meetings and Minutes

On this page: Selected Docs for Board, Organizations, Articles

Latest Update: Wednesday, 18 January, 2017

Back to Research for HomeOwners

THIS IS NOT AN OFFICIAL WEBPAGE

ASSOCIATED WITH THE HIGHLANDS GLEN HOMEOWNERS ASSOCIATION.

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

HOALeader.com

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

[end page]