HOA LAWS // A YEAR IN REVIEW
Senate Bill 1588 went into effect on September 1st, 2021 which brings more balance between the rights of property owners and their property owners' associations (HOA's).
Texas REALTORS® proudly supported these pro-consumer changes.
FEES ARE CAPPED for subdivision
SENATE BILL 1588: HOA CHANGES YOU SHOULD KNOW
Senate Bill 1588 went into effect on September 1st, 2021 which brings more balance between the rights of property owners and their property owners' associations (HOA's).
Texas REALTORS® proudly supported these pro-consumer changes.
FEES ARE CAPPED for subdivision information ($375), and updated resale certificates ($75).
TREC has created a publicly accessible CENTRAL DATABASE OF TEXAS HOAS. HOAs that have filed management certificates in county records before Dec. 1, 2021, are required to file with TREC by June 1, 2022.
HOAs are required to MAINTAIN WEBSITES with management certificates and meeting information and notifications.
HOAs are required to FILE DEDICATORY INSTRUMENTS WITH THE COUNTY and provide certain contact information on all dedicatory instruments and management certificates.
Property owners have new PROTECTIONS FROM NEGATIVE CREDIT REPORTING when a fine or fee is in dispute, and HOAs are required to give a detailed report of charges and offer a payment plan before reporting delinquencies.
Prevents some CONFLICTS OF INTEREST within HOA architectural review boards.
HOAs are barred from requiring access to LEASE AGREEMENTS and are only allowed to request tenants’ contact info and lease beginning and end dates.
HOAs are required to SOLICIT BIDS for any contract for services over $50,000.
HOAs are BARRED from prohibiting certain POOL SAFETY ENCLOSURES, the installation of certain SECURITY MEASURES on an owner’s private property, or certain RELIGIOUS DISPLAYS.
HOA boards are required to provide members with TIMELY NOTICE ABOUT MEETINGS.
Improves DUE PROCESS IN DISPUTE RESOLUTION and provides additional legal avenues when seeking resolution from a dispute with an HOA.
Source: Texas Association of Realtors
Access the bill HERE.
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