Bill Text: TX SB1502 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to changing the composition of a board of a property owners' association in certain circumstances.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-22 - Referred to Intergovernmental Relations [SB1502 Detail]
Download: Texas-2011-SB1502-Introduced.html
By: West | S.B. No. 1502 | |
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relating to changing the composition of a board of a property | ||
owners' association in certain circumstances. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 209, Property Code, is amended by adding | ||
Section 209.014 to read as follows: | ||
Sec. 209.014. MANDATORY ELECTIONS IN CERTAIN | ||
CIRCUMSTANCES. (a) Notwithstanding any provision in a dedicatory | ||
instrument, the board of the property owners' association shall | ||
call a special election to elect a new board not later than the 30th | ||
day after the date on which the board fails to call a regular | ||
meeting of the members of the association as required by a | ||
dedicatory instrument. | ||
(b) If the board fails to call a special election as | ||
required under Subsection (a), an owner may demand that the | ||
election be held within a reasonable time. The demand must be made | ||
in writing and sent to each board member by certified mail, return | ||
receipt requested. | ||
(c) If the board fails to call the special election before | ||
the 61st day after the date the owner mailed the demand under | ||
Subsection (b), an owner may compel the association to hold the | ||
special election by initiating legal action against the board | ||
members. Each owner has a justiciable interest sufficient to | ||
initiate and prosecute a legal action described by this subsection. | ||
SECTION 2. The changes in law made by this Act apply to a | ||
property owners' association created before, on, or after the | ||
effective date of this Act. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2011. |