Bill Text: TX HB2320 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to declarant control of a property owners' association board.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-04-24 - Left pending in committee [HB2320 Detail]
Download: Texas-2017-HB2320-Introduced.html
85R8129 BEE-D | ||
By: Fallon | H.B. No. 2320 |
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relating to declarant control of a property owners' association | ||
board. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 209.0051(c-1), Property Code, is amended | ||
to read as follows: | ||
(c-1) Except for a meeting held by electronic or telephonic | ||
means under Subsection (c-2), a board meeting must be held: | ||
(1) in a county in which all or part of the property in | ||
the subdivision is located or in a county adjacent to that county; | ||
and | ||
(2) within 10 miles of the subdivision, if a majority | ||
of the board members are not elected by owners other than the | ||
declarant. | ||
SECTION 2. Section 209.00591, Property Code, is amended by | ||
amending Subsection (c) and adding Subsections (d) and (e) to read | ||
as follows: | ||
(c) The declaration may provide for a period of declarant | ||
control of the association during which a declarant, or persons | ||
designated by the declarant, may appoint and remove board members | ||
and the officers of the association, other than board members or | ||
officers elected by members of the property owners' association. | ||
(d) Regardless of the period of declarant control provided | ||
by the declaration: | ||
(1) on or before the 120th day after the date a | ||
majority of the lots that may be created and made subject to the | ||
declaration are conveyed to owners other than a declarant or a | ||
builder in the business of constructing homes who purchased the | ||
lots from the declarant for the purpose of selling completed homes | ||
built on the lots, at least one-third of the board members must be | ||
elected by owners other than the declarant; and | ||
(2) [ |
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percent of the lots that may be created and made subject to the | ||
declaration are conveyed to owners other than a declarant or a | ||
builder in the business of constructing homes who purchased the | ||
lots from the declarant for the purpose of selling completed homes | ||
built on the lots, at least a majority [ |
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members must be elected by owners other than the declarant. | ||
(e) If the declaration does not include the number of lots | ||
that may be created and made subject to the declaration, at least a | ||
majority [ |
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other than the declarant not later than the 10th anniversary of the | ||
date the declaration was recorded. | ||
SECTION 3. (a) Section 209.00591, Property Code, as | ||
amended by this Act, applies to a property owners' association | ||
board regardless of whether the association's declaration was | ||
adopted before, on, or after the effective date of this Act. | ||
(b) Notwithstanding Section 209.00591, Property Code, as | ||
amended by this Act, at least one-third of the board members of a | ||
property owners' association to which Chapter 209, Property Code, | ||
applies must be elected by owners other than the declarant on or | ||
before March 1, 2018, if the association reached the majority | ||
conveyance threshold described by Section 209.00591(d)(1), | ||
Property Code, as added by this Act, before the effective date of | ||
this Act. | ||
(c) Notwithstanding Section 209.00591, Property Code, as | ||
amended by this Act, at least a majority of the board members of a | ||
property owners' association to which Chapter 209, Property Code, | ||
applies must be elected by owners other than the declarant on or | ||
before March 1, 2018, if: | ||
(1) the association reached the 75 percent conveyance | ||
threshold described by Section 209.00591(d)(2), Property Code, as | ||
added by this Act, before the effective date of this Act; or | ||
(2) the 10th anniversary of the date the association's | ||
declaration was recorded occurred before the effective date of this | ||
Act or occurs on or after the effective date of this Act and before | ||
March 1, 2018. | ||
SECTION 4. This Act takes effect September 1, 2017. |