reglab/housing_qa huggingface dataset:
TX Prop § 209.00505 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 209 - Texas Residential Property Owners Protection Act|Section 209.00505. Architectural Review Authority

Sec. 209.00505.  ARCHITECTURAL REVIEW AUTHORITY.  (a)  In this section, "architectural review authority" means the governing authority for the review and approval of improvements within a subdivision.(b)  This section:(1)  applies only to a property owners' association that consists of more than 40 lots; and(2)  does not apply during a development period or during any period in which the declarant:(A)  appoints at least a majority of the members of the architectural review authority or otherwise controls the appointment of the architectural review authority; or(B)  has the right to veto or modify a decision of the architectural review authority.(c)  A person may not be appointed or elected to serve on an architectural review authority if the person is:(1)  a current board member;(2)  a current board member's spouse; or(3)  a person residing in a current board member's household.(d)  A decision by the architectural review authority denying an application or request by an owner for the construction of improvements in the subdivision may be appealed to the board.  A written notice of the denial must be provided to the owner by certified mail, hand delivery, or electronic delivery.  The notice must:(1)  describe the basis for the denial in reasonable detail and changes, if any, to the application or improvements required as a condition to approval; and(2)  inform the owner that the owner may request a hearing under Subsection (e) on or before the 30th day after the date the notice was mailed to the owner.(e)  The board shall hold a hearing under this section not later than the 30th day after the date the board receives the owner's request for a hearing and shall notify the owner of the date, time, and place of the hearing not later than the 10th day before the date of the hearing.  Only one hearing is required under this subsection.(f)  During a hearing, the board or the designated representative of the property owners' association and the owner or the owner's designated representative will each be provided the opportunity to discuss, verify facts, and resolve the denial of the owner's application or request for the construction of improvements, and the changes, if any, requested by the architectural review authority in the notice provided to the owner under Subsection (d).(g)  The board or the owner may request a postponement.  If requested, a postponement shall be granted for a period of not more than 10 days.  Additional postponements may be granted by agreement of the parties.(h)  The property owners' association or the owner may make an audio recording of the meeting.(i)  The board may affirm, modify, or reverse, in whole or in part, any decision of the architectural review authority as consistent with the subdivision's declaration.|Added by Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 11, eff. September 1, 2021.|
TX Prop § 209.0052 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 209 - Texas Residential Property Owners Protection Act|Section 209.0052. Association Contracts

Sec. 209.0052.  ASSOCIATION CONTRACTS.  (a)  This section does not apply to a contract entered into by an association during the development period.(b)  An association may enter into an enforceable contract with a current association board member, a person related to a current association board member within the third degree by consanguinity or affinity, as determined under Chapter 573, Government Code, a company in which a current association board member has a financial interest in at least 51 percent of profits, or a company in which a person related to a current association board member within the third degree by consanguinity or affinity, as determined under Chapter 573, Government Code, has a financial interest in at least 51 percent of profits only if the following conditions are satisfied:(1)  the board member, relative, or company bids on the proposed contract and the association has received at least two other bids for the contract from persons not associated with the board member, relative, or company, if reasonably available in the community;(2)  the board member:(A)  is not given access to the other bids;(B)  does not participate in any board discussion regarding the contract; and(C)  does not vote on the award of the contract;(3)  the material facts regarding the relationship or interest with respect to the proposed contract are disclosed to or known by the association board and the board, in good faith and with ordinary care, authorizes the contract by an affirmative vote of the majority of the board members who do not have an interest governed by this subsection; and(4)  the association board certifies that the other requirements of this subsection have been satisfied by a resolution approved by an affirmative vote of the majority of the board members who do not have an interest governed by this subsection.(c)  In addition to the other applicable requirements of this section, an association that proposes to contract for services that will cost more than $50,000 shall solicit bids or proposals using a bid process established by the association.|Added by Acts 2013, 83rd Leg., R.S., Ch. 863 (H.B. 503), Sec. 2, eff. September 1, 2013.Amended by: Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 13, eff. September 1, 2021.|
TX Prop § 209.0055 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 209 - Texas Residential Property Owners Protection Act|Section 209.0055. Voting

Sec. 209.0055.  VOTING.  (a)  This section applies only to a property owners' association that:(1)  provides maintenance, preservation, and architectural control of residential and commercial property within a defined geographic area in a county with a population of 2.8 million or more or in a county adjacent to a county with a population of 2.8 million or more; and(2)  is a corporation that:(A)  is governed by a board of trustees who may employ a general manager to execute the association's bylaws and administer the business of the corporation;(B)  does not require membership in the corporation by the owners of the property within the defined area; and(C)  was incorporated before January 1, 2006.(b)  A property owners' association described by Subsection (a) may not bar a property owner from voting in an association election solely based on the fact that:(1)  there is a pending enforcement action against the property owner; or(2)  the property owner owes the association any delinquent assessments, fees, or fines.|Added by Acts 2007, 80th Leg., R.S., Ch. 1367 (H.B. 3674), Sec. 8, eff. September 1, 2007.|
TX Prop § 209.0056 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 209 - Texas Residential Property Owners Protection Act|Section 209.0056. Notice of Election or Association Vote

Sec. 209.0056.  NOTICE OF ELECTION OR ASSOCIATION VOTE.  (a)  For an election or vote taken at a meeting of the owners, not later than the 10th day or earlier than the 60th day before the date of the election or vote, a property owners' association shall give written notice of the election or vote to:(1)  each owner of property in the property owners' association, for purposes of an association-wide election or vote; or(2)  each owner of property in the property owners' association entitled under the dedicatory instruments to vote in a particular representative election, for purposes of a vote that involves election of representatives of the association who are vested under the dedicatory instruments of the property owners' association with the authority to elect or appoint board members of the property owners' association.(a-1)  For an election or vote of owners not taken at a meeting, the property owners' association shall give notice of the election or vote to all owners entitled to vote on any matter under consideration.  The notice shall be given not later than the 20th day before the latest date on which a ballot may be submitted to be counted.(b)  This section supersedes any contrary requirement in a dedicatory instrument.(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.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1026 (H.B. 2761), Sec. 3, eff. January 1, 2012.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 9, eff. September 1, 2015.|
TX Prop § 209.0058 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 209 - Texas Residential Property Owners Protection Act|Section 209.0058. Ballots

Sec. 209.0058.  BALLOTS. Text of subsection as amended by Acts 2015, 84th Leg., R.S., Ch. 249 (S.B. 864), Sec. 1 (a)  Except as provided by Subsection (d), 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. Text of subsection as amended by Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 11 (a)  Except as provided by Subsection (d), a vote cast by a member of a property owners' association must be in writing and signed by the member if the vote is cast:(1)  outside of a meeting;(2)  in an election to fill a position on the board;(3)  on a proposed adoption or amendment of a dedicatory instrument;(4)  on a proposed increase in the amount of a regular assessment or the proposed adoption of a special assessment; or(5)  on the proposed removal of a board member.(a-1)  If a property owners' association elects to use a ballot for a vote on a matter other than a matter described by Subsection (a), the ballot must be:(1)  in writing and signed by the member; or(2)  cast by secret ballot in accordance with Subsection (d).(b)  Electronic votes cast under Section 209.00592 constitute written and signed ballots.(c)  In a property owners' association election, written and signed ballots are not required for uncontested races. Text of subsection as added by Acts 2015, 84th Leg., R.S., Ch. 249 (S.B. 864), Sec. 1 (d)  A property owners' association may adopt rules to allow voting by secret ballot by members of the association.  The association must take measures to reasonably ensure that:(1)  a member cannot cast more votes than the member is eligible to cast in an election or vote; and(2)  the association counts every vote cast by a member that is eligible to cast a vote. Text of subsection as added by Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 11 (d)  A property owners' association may adopt rules to allow voting by secret ballot by association members.  The association must take measures to reasonably ensure that:(1)  a member cannot cast more votes than the member is eligible to cast in an election or vote;(2)  the association counts each vote cast by a member that the member is eligible to cast; and(3)  in any election for the board, each candidate may name one person to observe the counting of the ballots, provided that this does not entitle any observer to see the name of the person who cast any ballot, and that any disruptive observer may be removed.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1026 (H.B. 2761), Sec. 3, eff. January 1, 2012.Amended by: Acts 2015, 84th Leg., R.S., Ch. 249 (S.B. 864), Sec. 1, eff. May 29, 2015.Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 11, eff. September 1, 2015.|
TX Prop § 209.0059 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 209 - Texas Residential Property Owners Protection Act|Section 209.0059. Right to Vote

Sec. 209.0059.  RIGHT TO VOTE.  (a)  A provision in a dedicatory instrument that would disqualify a property owner from voting in a property owners' 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.(c)  In a residential development with 10 or fewer lots for which the declaration was recorded before January 1, 2015, a person may not vote in a property owners' association election unless the person is subject to a dedicatory instrument governing the association through which the association exercises its authority.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1026 (H.B. 2761), Sec. 3, eff. January 1, 2012.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 12, eff. September 1, 2015.|
TX Prop § 209.00593 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 209 - Texas Residential Property Owners Protection Act|Section 209.00593. Election of Board Members

Sec. 209.00593.  ELECTION OF BOARD MEMBERS.  (a)  Notwithstanding any provision in a dedicatory instrument, any board member whose term has expired must be elected by owners who are members of the property owners' association.  A board member may be appointed by the board to fill a vacancy on the board.  A board member appointed to fill a vacant position shall serve for the remainder of the unexpired term of the position.(a-1)  At least 10 days before the date a property owners' association composed of more than 100 lots disseminates absentee ballots or other ballots to association members for purposes of voting in a board member election, the association must provide notice to the association members soliciting candidates interested in running for a position on the board.  The notice must contain instructions for an eligible candidate to notify the association of the candidate's request to be placed on the ballot and the deadline to submit the candidate's request.  The deadline may not be earlier than the 10th day after the date the association provides the notice required by this subsection.(a-2)  The notice required by Subsection (a-1) must be:(1)  mailed to each owner; or(2)  provided by:(A)  posting the notice in a conspicuous manner reasonably designed to provide notice to association members:(i)  in a place located on the association's common property or, with the property owner's consent, on other conspicuously located privately owned property within the subdivision; or(ii)  on any Internet website maintained by the association or other Internet media; and(B)  sending the notice by e-mail to each owner who has registered an e-mail address with the association.(a-3)  An association described by Subsection (a-1) shall include on each absentee ballot or other ballot for a board member election the name of each eligible candidate from whom the association received a request to be placed on the ballot in accordance with this section.(b)  The board of a property owners' association may amend the bylaws of the property owners' association to provide for elections to be held as required by Subsection (a).(c)  The appointment of a board member in violation of this section is void.(d)  This section does not apply to the appointment of a board member during a development period. (e)  This section does not apply to a representative board whose members or delegates are elected or appointed by representatives of a property owners' association who are elected by owner members of a property owners' association.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1026 (H.B. 2761), Sec. 3, eff. January 1, 2012.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1062 (H.B. 3176), Sec. 1, eff. June 14, 2013.Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 15, eff. September 1, 2015.|
TX Prop § 209.00594 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 209 - Texas Residential Property Owners Protection Act|Section 209.00594. Tabulation of and Access to Ballots

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.(b-1)  A person who tabulates votes under Subsection (b) or who performs a recount under Section 209.0057(c) may not disclose to any other person how an individual voted.(c)  Notwithstanding any other provision of this chapter or any other law, only a person who tabulates votes under Subsection (b) or who performs a recount under Section 209.0057(c) may be given access to the ballots cast in the election or vote.(d)  This section may not be construed to affect a person's obligation to comply with a court order for the release of ballots or other voting records.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1217 (S.B. 472), Sec. 3, eff. September 1, 2011.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 16, eff. September 1, 2015.|
TX Prop § 209.0062 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 209 - Texas Residential Property Owners Protection Act|Section 209.0062. Alternative Payment Schedule for Certain Assessments

Sec. 209.0062.  ALTERNATIVE PAYMENT SCHEDULE FOR CERTAIN ASSESSMENTS.  (a)  A property owners' association composed of more than 14 lots shall adopt reasonable guidelines to establish an alternative payment schedule by which an owner may make partial payments to the property owners' association for delinquent regular or special assessments or any other amount owed to the association without accruing additional monetary penalties.  For purposes of this section, monetary penalties do not include reasonable costs associated with administering the payment plan or interest.(b)  The minimum term for a payment plan offered by a property owners' association is three months.(c)  A property owners' association is not required to allow a payment plan for any amount that extends more than 18 months from the date of the owner's request for a payment plan.  The association is not required to enter into a payment plan with an owner who failed to honor the terms of a previous payment plan during the two years following the owner's default under the previous payment plan.  The association is not required to make a payment plan available to an owner after the period for cure described by Section 209.0064(b)(3) expires.  The association is not required to allow an owner to enter into a payment plan more than once in any 12-month period.(d)  A property owners' association shall file the association's guidelines under this section in the real property records of each county in which the subdivision is located.(e)  A property owners' association's failure to file as required by this section the association's guidelines in the real property records of each county in which the subdivision is located does not prohibit a property owner from receiving an alternative payment schedule by which the owner may make partial payments to the property owners' association for delinquent regular or special assessments or any other amount owed to the association without accruing additional monetary penalties, as defined by Subsection (a).|Added by Acts 2011, 82nd Leg., R.S., Ch. 1282 (H.B. 1228), Sec. 2, eff. January 1, 2012.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 18, eff. September 1, 2015.|
TX Prop § 209.0063 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 209 - Texas Residential Property Owners Protection Act|Section 209.0063. Priority of Payments

Sec. 209.0063.  PRIORITY OF PAYMENTS.  (a)  Except as provided by Subsection (b), a payment received by a property owners' association from the owner shall be applied to the owner's debt in the following order of priority:(1)  any delinquent assessment;(2)  any current assessment;(3)  any reasonable attorney's fees or reasonable third party collection costs incurred by the association associated solely with assessments or any other charge that could provide the basis for foreclosure;(4)  any reasonable attorney's fees incurred by the association that are not subject to Subdivision (3);(5)  any reasonable fines assessed by the association; and(6)  any other reasonable amount owed to the association.(b)  If, at the time the property owners' association receives a payment from a property owner, the owner is in default under a payment plan entered into with the association:(1)  the association is not required to apply the payment in the order of priority specified by Subsection (a); and(2)  in applying the payment, a fine assessed by the association may not be given priority over any other amount owed to the association.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1282 (H.B. 1228), Sec. 2, eff. January 1, 2012.Amended by: Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 15, eff. September 1, 2021.|
TX Prop § 209.0064 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 209 - Texas Residential Property Owners Protection Act|Section 209.0064. Third Party Collections

Sec. 209.0064.  THIRD PARTY COLLECTIONS.  (a)  In this section, "collection agent" means a debt collector, as defined by Section 803 of the federal Fair Debt Collection Practices Act (15 U.S.C. Section 1692a).(b)  A property owners' association may not hold an owner liable for fees of a collection agent retained by the association unless the association first provides written notice to the owner by certified mail that:(1)  specifies each delinquent amount and the total amount of the payment required to make the account current;(2)  if the association is subject to Section 209.0062 or the association's dedicatory instruments contain a requirement to offer a payment plan, describes the options the owner has to avoid having the account turned over to a collection agent, including information regarding availability of a payment plan through the association; and(3)  provides a period of at least 45 days for the owner to cure the delinquency before further collection action is taken.(c)  An owner is not liable for fees of a collection agent retained by the property owners' association if:(1)  the obligation for payment by the association to the association's collection agent for fees or costs associated with a collection action is in any way dependent or contingent on amounts recovered; or(2)  the payment agreement between the association and the association's collection agent does not require payment by the association of all fees to a collection agent for the action undertaken by the collection agent.(d)  The agreement between the property owners' association and the association's collection agent may not prohibit the owner from contacting the association board or the association's managing agent regarding the owner's delinquency.(e)  A property owners' association may not sell or otherwise transfer any interest in the association's accounts receivables for a purpose other than as collateral for a loan.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1282 (H.B. 1228), Sec. 2, eff. January 1, 2012.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 19, eff. September 1, 2015.Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 16, eff. September 1, 2021.|