Changes to the Texas Property Owners’ Association Law
The 2021 Texas Legislative Session brought about numerous changes to Texas Property Owners’ Association Law. The changes to HOA and Condo law include both mandatory and permissive actions that residential subdivisions, condominium associations, and townhome communities must make to their daily operations. What follows is a summary and analysis of some of those changes made during the 2021 Legislative Session as well as a breakdown of recommended actions for associations to take so as to be compliant with the new laws. Should you have any questions, please feel free to reach out to Manning & Meyers and we will be happy to assist you in your compliance efforts.
Recommended Actions for Residential Subdivisions and Townhomes
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Amend or Adopt Rules Related to Religious Displays
It is our firm’s recommendation that each association should consider adopting rules related to the display of religious items within the association so as to comply with the new requirements and restrictions allowing owners and residents to display religious items. [1]
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Update Architectural Guidelines Related to Swimming Pool Enclosures
It is our firm’s recommendation that each association should consider the updating of its architectural control guidelines to allow for the installation of Swimming Pool Enclosures. The association should specifically delineate the appearance, size, and permissible colors of Swimming Pool Enclosures allowed for within the association. [2]
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Update Architectural Guidelines Related to Security Cameras & Perimeter Fences
It is our firm’s recommendation that each association should consider the updating of its architectural control guidelines governing the installation of Security Cameras and Perimeter Fences. The association should specifically delineate the appearance, size, and permissible location of Perimeter Fences and Security Cameras allowed within the association. [3]
[1] Texas Property Code § 202.018
[2] Texas Property Code § 202.022
[3] Texas Property Code § 202.023