Bill Text: TX HB3445 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to declarant control of certain property owners' associations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-04-23 - Left pending in committee [HB3445 Detail]

Download: Texas-2019-HB3445-Introduced.html
  86R13012 PMO-D
 
  By: King of Uvalde H.B. No. 3445
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to declarant control of certain property owners'
  associations.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 209.0052(a), Property Code, is amended
  to read as follows:
         (a)  This section applies [does not apply] to a contract
  entered into by an association during and after the development
  period.
         SECTION 2.  Section 209.00591(c), Property Code, is amended
  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.
  Regardless of the period of declarant control provided by the
  declaration, on or before the 120th day after the date 75 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 [one-third] of the board members must be
  elected by owners other than the declarant. If the declaration does
  not include the number of lots that may be created and made subject
  to the declaration, at least a majority [one-third] of the board
  members must be elected by owners other than the declarant not later
  than the fifth [10th] anniversary of the date the declaration was
  recorded.
         SECTION 3.  (a)  Section 209.0052, Property Code, as amended
  by this Act, applies to a contract entered into, renewed, or
  extended on or after the effective date of this Act.
         (b)  Section 209.00591, Property Code, as amended by this
  Act, applies to a provision in a dedicatory instrument or a
  restrictive covenant enacted before, on, or after the effective
  date of this Act.
         SECTION 4.  This Act takes effect September 1, 2019.
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