Latest Update: Wednesday, 28 September, 2016
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Texas State Law
Texas Constitution and Statutes at tx.us
TITLE 11. Restrictive Covenants
CHAPTER 202. Construction And Enforcement Of Restrictive Covenants [at tx.us]
Sec. 202.007. CERTAIN RESTRICTIVE COVENANTS PROHIBITED.
(a) A property owners' association may not include or enforce a provision
in a dedicatory instrument that prohibits or restricts a property owner from:
(4) using drought-resistant landscaping or water-conserving natural turf.
CHAPTER 209. Texas Residential Property Owners Protection Act [at tx.us]
Sec. 209.007. Hearing Before Board; Alternative Dispute Resolution
[See Bylaws Article 10]
Sec. 209.008. Attorney's Fees
New HOA Law
The 84th Texas Legislature [2015] enacted several new laws that impact HOA & Condominium
Communities. Full text documents of applicable legislation can be found on this website.
HB262 - Community Gardens
HB745 - Solar Powered LED Stop Signs
HB939 - Standby Electric Generators
HB1072 - Service on Board of Directors
HB1455 - Construction Defect Claims
HB2489 - Leasing Restrictions
SB1168 - Omnibus Bill
SB862 - Voting Methods
SB864 - Use of Secret Ballots
SB1626 - Solar Energy Devices
SB1852 - Amendment of Restrictions
Previous Legislation
HB8 - Prohibition against private transfer fees
HB362 - Solar Energy Devices
SB472 - Amending dedicatory instruments, voting rights, ballots must be signed,
quorum for purposes of voting
HB1228 - Notice to Delinquent Owners, Payment Plans, Judicial Foreclosure Reqd
HB1278 - Display of certain religious items - limited to 25 sq inches on door and jamb
HB1821 - Resale Cert changes, online governing docs
HB2761 - Record production and copying, board meeting notice, board meeting minutes, voting
HB2779 - Flag Display
HB2869 - Board powers, annual meetings, board meetings, executive sessions
HB3391 - Rainwater Harvesting
Texas State Law Library > Property Owners Associations
References to areas of the Texas Property Code that govern property owners associations and issues related to property
owners associations
All of Title 11 of the Property Code concerns property owners associations
Texas Secretary of State, Home or Property Owners' Association FAQ
Who regulates home or property owners' associations?
No state agency regulates home or property owners’ associations. The secretary of state’s office does not
have the authority to investigate or regulate the internal activities of home or property owners’ associations
and we cannot take any action against an association for failing to comply with its bylaws or governing
documents. If the association is on file with our office, we can provide you with the information in our records.
Depending on the organizational form of the entity, however, the home or property owners’ association may
not be required to register with the secretary of state. For assistance in resolving these issues, you should
consult your private attorney.
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