Bill Text: TX SB472 | 2011-2012 | 82nd Legislature | Enrolled

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Bill Title: Relating to voting practices and elections of property owners' associations.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB472 Detail]

Download: Texas-2011-SB472-Enrolled.html

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S.B. No. 472

AN ACT
relating to voting practices and elections of property owners'
associations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 209.003, Property Code, is amended by
adding Subsection (e) to read as follows:
(e) The following provisions of this chapter do not apply to
a property owners' association that is a mixed use master
association that existed before January 1, 1974, and that does not
have the authority under a dedicatory instrument or other governing
document to impose fines:
(1) Section 209.0058; and
(2) Section 209.00593.
SECTION 2. Chapter 209, Property Code, is amended by adding
Section 209.0041 to read as follows:
Sec. 209.0041. ADOPTION OR AMENDMENT OF CERTAIN DEDICATORY
INSTRUMENTS. (a) In this section, "development period" means a
period stated in a declaration during which a declarant reserves:
(1) a right to facilitate the development,
construction, and marketing of the subdivision; and
(2) a right to direct the size, shape, and composition
of the subdivision.
(b) This section applies to a residential subdivision in
which property owners are subject to mandatory membership in a
property owners' association.
(c) This section does not apply to a property owners'
association that is subject to Chapter 552, Government Code, by
application of Section 552.0036, Government Code.
(d) This section does not apply to the amendment of a
declaration during a development period.
(e) This section applies to a dedicatory instrument
regardless of the date on which the dedicatory instrument was
created.
(f) This section supersedes any contrary requirement in a
dedicatory instrument.
(g) To the extent of any conflict with another provision of
this title, this section prevails.
(h) Except as provided by this subsection, a declaration may
be amended only by a vote of 67 percent of the total votes allocated
to property owners in the property owners' association, in addition
to any governmental approval required by law. If the declaration
contains a lower percentage, the percentage in the declaration
controls.
(i) A bylaw may not be amended to conflict with the
declaration.
SECTION 3. Chapter 209, Property Code, is amended by adding
Sections 209.0058, 209.0059, 209.00592, 209.00593, and 209.00594
to read as follows:
Sec. 209.0058. BALLOTS. (a) Any vote cast in an election
or vote by a member of a property owners' association must be in
writing and signed by the member.
(b) Electronic votes cast under Section 209.00593
constitute written and signed ballots.
(c) In an association-wide election, written and signed
ballots are not required for uncontested races.
Sec. 209.0059. RIGHT TO VOTE. (a) A provision in a
dedicatory instrument that would disqualify a property owner from
voting in an association election of board members or on any matter
concerning the rights or responsibilities of the owner is void.
(b) This section does not apply to a property owners'
association that is subject to Chapter 552, Government Code, by
application of Section 552.0036, Government Code.
Sec. 209.00592. BOARD MEMBERSHIP. (a) Except as provided
by Subsection (b), a provision in a dedicatory instrument that
restricts a property owner's right to run for a position on the
board of the property owners' association is void.
(b) If a board is presented with written, documented
evidence from a database or other record maintained by a
governmental law enforcement authority that a board member has been
convicted of a felony or crime involving moral turpitude, the board
member is immediately ineligible to serve on the board of the
property owners' association, automatically considered removed
from the board, and prohibited from future service on the board.
Sec. 209.00593. VOTING; QUORUM. (a) The voting rights of
an owner may be cast or given:
(1) in person or by proxy at a meeting of the property
owners' association;
(2) by absentee ballot in accordance with this
section;
(3) by electronic ballot in accordance with this
section; or
(4) by any method of representative or delegated
voting provided by a dedicatory instrument.
(b) An absentee or electronic ballot:
(1) may be counted as an owner present and voting for
the purpose of establishing a quorum only for items appearing on the
ballot;
(2) may not be counted, even if properly delivered, if
the owner attends any meeting to vote in person, so that any vote
cast at a meeting by a property owner supersedes any vote submitted
by absentee or electronic ballot previously submitted for that
proposal; and
(3) may not be counted on the final vote of a proposal
if the motion was amended at the meeting to be different from the
exact language on the absentee or electronic ballot.
(c) A solicitation for votes by absentee ballot must
include:
(1) an absentee ballot that contains each proposed
action and provides an opportunity to vote for or against each
proposed action;
(2) instructions for delivery of the completed
absentee ballot, including the delivery location; and
(3) the following language: "By casting your vote via
absentee ballot you will forgo the opportunity to consider and vote
on any action from the floor on these proposals, if a meeting is
held. This means that if there are amendments to these proposals
your votes will not be counted on the final vote on these measures.
If you desire to retain this ability, please attend any meeting in
person. You may submit an absentee ballot and later choose to
attend any meeting in person, in which case any in-person vote will
prevail."
(d) For the purposes of this section, "electronic ballot"
means a ballot:
(1) given by:
(A) e-mail;
(B) facsimile; or
(C) posting on an Internet website;
(2) for which the identity of the property owner
submitting the ballot can be confirmed; and
(3) for which the property owner may receive a receipt
of the electronic transmission and receipt of the owner's ballot.
(e) If an electronic ballot is posted on an Internet
website, a notice of the posting shall be sent to each owner that
contains instructions on obtaining access to the posting on the
website.
(f) This section supersedes any contrary provision in a
dedicatory instrument.
(g) This section does not apply to a property owners'
association that is subject to Chapter 552, Government Code, by
application of Section 552.0036, Government Code.
Sec. 209.00594. TABULATION OF AND ACCESS TO BALLOTS.
(a) Notwithstanding any other provision of this chapter or any
other law, a person who is a candidate in a property owners'
association election or who is otherwise the subject of an
association vote, or a person related to that person within the
third degree by consanguinity or affinity, as determined under
Chapter 573, Government Code, may not tabulate or otherwise be
given access to the ballots cast in that election or vote except as
provided by this section.
(b) A person other than a person described by Subsection (a)
may tabulate votes in an association election or vote but may not
disclose to any other person how an individual voted.
(c) Notwithstanding any other provision of this chapter or
any other law, a person other than a person who tabulates votes
under Subsection (b), including a person described by Subsection
(a), may be given access to the ballots cast in the election or vote
only as part of a recount process authorized by law.
SECTION 4. Section 209.0059, Subsection (a), Section
209.00592, and Section 209.00593, Property Code, as added by this
Act, apply to a provision in a dedicatory instrument enacted
before, on, or after the effective date of this Act.
SECTION 5. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 472 passed the Senate on
March 17, 2011, by the following vote: Yeas 30, Nays 1;
May 26, 2011, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 27, 2011, House
granted request of the Senate; May 29, 2011, Senate adopted
Conference Committee Report by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 472 passed the House, with
amendments, on May 25, 2011, by the following vote: Yeas 76,
Nays 69, one present not voting; May 27, 2011, House granted
request of the Senate for appointment of Conference Committee;
May 29, 2011, House adopted Conference Committee Report by the
following vote: Yeas 77, Nays 65, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor