HB 2779 and SB 101 Passed — flags and military foreclosures

The 82nd Texas Legislature enacted HB 2779 (here) and SB 101 (here) relating to flags and military foreclosure procedure. For a listing of the majority of the HOA legislation considered and the status of each bill, go here.

IMPORTANT: This description is NOT intended to be legal advice.  You should review the law yourself or have an attorney review it for you before taking any action.  The law may have changed, may not apply to your HOA, or a court may have altered the meaning of the words.  This website attempts to summarize information concisely which will result in some inaccuracies.  Before investing a lot of money, or risking adverse action by your HOA, you should not merely read what is on any website including this one.  Get fully informed.

FLAGS

So HOAs have been messing with homeowners that have flags, even retired veterans.  Story here.  HB 2779 puts some limits on HOA regulations of homeowners who wish to fly flags on their own property, but there are plenty of ways the HOAs can still harass a homeowner.

Sec. 202.011.  FLAG DISPLAY. (a)  A property owners’   association may not, except as provided in this section, adopt or enforce a dedicatory instrument provision that prohibits, restricts, or has the effect of prohibiting or restricting an owner from the display of: (1)  the flag of the United States of America; (2)  the flag of the State of Texas; or (3)  an official or replica flag of any branch of the United States armed forces.

Tex. Prop. Code 202.011(a) (subject to effective date and governor review).

EXCEPTIONS

A property owners’ association may adopt or enforce reasonable dedicatory instrument provisions:

(1)  that require: (A)  the flag of the United States be displayed in accordance with 4 U.S.C. Sections 5-10; (B)  the flag of the State of Texas be displayed in accordance with Chapter 3100, Government Code; (C)  a flagpole attached to a dwelling or a freestanding flagpole be constructed of permanent, long-lasting materials, with a finish appropriate to the materials used in the construction of the flagpole and harmonious with the dwelling; (D)  the display of a flag, or the location and construction of the supporting flagpole, to comply with applicable   zoning ordinances, easements, and setbacks of record; and (E)  a displayed flag and the flagpole on which it is flown be maintained in good condition and that any deteriorated flag or deteriorated or structurally unsafe flagpole be repaired, replaced, or removed;

(2)  that regulate the size, number, and location of flagpoles on which flags are displayed, except that the regulation may not prevent the installation or erection of at least one flagpole per property that is not more than 20 feet in height;

(3)  that govern the size of a displayed flag;

(4)  that regulate the size, location, and intensity of any lights used to illuminate a displayed flag;

(5)  that impose reasonable restrictions to abate noise caused by an external halyard of a flagpole; or

(6)  that prohibit a property owner from locating a displayed flag or flagpole on property that is (A)  owned or maintained by the property owners’ association; or (B)  owned in common by the members of the association.

FORECLOSURE NOTICE UPDATE FOR MILITARY

In response to the HOA foreclosure of a homeowner serving in Iraq (story here), SB 101 was passed to make it clear that HOAs cannot foreclose on homeowners on active duty or nine months following active duty without a court order (unless waived), and improves the notice given to all property owners so military families might know their rights regardless of who intends to foreclose:

Assert and protect your rights as a member of the armed forces of the United States.  If you are or your spouse is serving on active military duty, including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States, please send written notice of the active duty military service to the sender of this notice immediately.

New notice required by Tex. Prop. Code 51.002(i) (subject to effective date and governor review).

Posted on June 1, 2011, in Newsroom. Bookmark the permalink. Comments Off on HB 2779 and SB 101 Passed — flags and military foreclosures.

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