The 83rd Session – Filed Bills

TO ALL HOMEOWNERS:
Bills titled HOA/POA signify that homeowners living in homeowner associations could be affected by these bills. For the most part they are Industry or “Stakeholder” bills. Whether they further harm homeowners or portend good is not determined until they are passed. Amendments are possible and have changed “good” bills to bad. It is therefore necessary that every homeowner read the bills and try to keep up with any amendments. It is also necessary for homeowners to contact their legislators to advise them of the homeowners’ stand on the bills. Homeowners must act.
One person or one group will not effect change. United, informed Texas homeowners can reclaim their rights.
READ, UNDERSTAND, CONTACT YOUR LEGISLATOR.

Condo Owners:
Look at this bill HB 2075 in its entirety. One bad point to notice is that just by resolution of the Board,
it would have the right to borrow money and assign as collateral future assessments. And the exception
at “g” is meaningless.
Note that “dedicatory instrument” was re-defined to include board “rules” – so this will be open season
on condos again. {Section 2. Section 82.003 (a) amended by adding (11-a)}

Please also look at HB 1933
Texas Legislature Online http://www.legis.state.tx.us/
Subject Alert
The following bills were assigned subjects of interest:

Subject: Property Interests–Property Owners Association
HB 2075
Relating to the operation of certain condominium unit owners’ associations.

(21) exercise any other powers necessary and
proper for the government and operation of the association.
(f)Except as provided by Subsection (g), the association by
resolution of the board of directors may:

(1)borrow money; and
(2)assign as collateral for the loan authorized by
the resolution:
(A)the association’s right to future income,
including the right to receive assessments; and
(B)the association’s lien rights.

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FILED BILLS
Number / Author / Date / Relating to:
HB 35 Menendez 11/12/2012 Authority of POA to regulate use of lots for residential purposes.
HB 449 Dukes 1/10/2013 Restrictions on Xeriscaping by POA & certain political subdivisions.
HB 503 Hernandez Luna 1/14/2013 Ability of a HOA board member to contract with association.
HB 680 Burkett 1/24/2013 Provisions in the dedicatory instruments of POAs re: display of flags.
HB 727 Burkett 1/25/2013 Restrictive covenants regulating drought-resistant landscaping.
HB 818 White 1/30/2013 Certain voting procedures for certain POAs.
HB 584 Rodriguez 1/18/2013 The posting of notice of foreclosure on the county’s internet site.
HB 1158 Kuempel 2/11/2013 To the amendment of restrictive covenants applicable to certain subdivisions.
HB 1824 Harper-Brpwn 2/25/2013 The operation of master mixed-use property owners’ associations.
HB 1858 Workman 2/26/2013 A property owner’s right to remove a tree or vegetation that the owner believes poses a fire risk.
HB 1933 Allen 2/27/2013 Condominium association records and meetings.
HB 2075 Anchia 2/28/2013 The operation of certain condominium unit owners’ associations.
HB 2338 Parker 3/5/2013 The enforcement of restrictive covenants regarding solar panels.
HB 2524 Oliveira 3/5/2013 Unenforceable restrictive covenants regarding standby electric generators affecting residential homes.
HB 2749 Parker 3/7/2013 Promulgation by the supreme court of standard forms for use in certain expedited foreclosure proceedings.
HB 2978 Parker 3/7/2013 Notice of sale in connection with an expedited judicial foreclosure of a contract lien on real property.
HB 2781 Fletcher 3/7/2013 Rainwater harvesting and other water conservation iniatives.
HB 2928 Sheets 3/7/2013 The Expedited foreclosure of a property owners’ association’s assessment lien.
HB 2944 Phil King 3/7/2013 The powers and duties of timeshare owners’ associations.
HB 3176 Bohac 3/7/2013 The appointment of a board member of a property owners’ association to fill a vacancy.
HB 3780 Isaac 3/8/2013 The regulation of liquid propane gas tanks on residential property.
HB 3800 Coleman 3/8/2013 The filing of property owners’ association management certificates recorded in the county real property records.
HB 3803 McClendon 3/8/2013 The municipal and county regulation of and the oversight by the attorney general of property owners’ associations and unit owners’ associations; providing penalties.
HB 3961 Anchia 3/8/2013 An order to conduct mediation following an application for expedited judicial foreclosure proceedings.

SB 170 West 1/29/2013 To the building codes for new residential construction in the unincorporated area of a county.
SB 198 Watson 1/22/2013 Restrictive covenants regulating drought-resistant landscaping or water-conserving turf.
SB 194 West 1/29/2013 Ingress and egress access by emergency vehicles in certain new residential subdivisions.
SB 440 Birdwell 2/8/2013 Unenforceable restrictive covenants regarding standby electric generators affecting residential homes.
SB 593 Deuell 3/5/2013 The authority of a property owners’ association to regulate the use of certain lots for residential purposes.
SB 1202 West 3/6/2013 An order to conduct mediation following an application for expedited judicial foreclosure proceedings.
SB 1231 West 3/6/2013 The operation of certain condominium unit owners’ associations.
SB 1372 Hinojosa 3/7/2013 The powers and duties of timeshare owners’ associations.