NOTE: This website will be replaced by CounselOurHOA.com. This website is currently not updated with new legislative changes adopted after 2018. Visit CounselOurHOA.com for resources and HOA laws is like getting in-house legal counsel for your HOA at a fraction of the cost. Senate Bill 1588 amends Section 207.003 of the Texas Property Code, which governs the issuance of resale certificates by a homeowners corporation that manages a subdivision development. As amended, section 207.003 imposes limits on the amounts charged for a resale certificate (not more than $375 for a resale certificate and no more than $75 for an updated resale certificate) and changes the number of days to remedy a failure to provide a resale certificate in a timely manner (5 business days instead of 7 days); before an owner can sue the homeowners corporation. Section 207,003 now also allows a court to award damages of up to $5,000 (instead of $500) in such a suit. This provision comes into force on September 1, 2021. Every board member and manager should be aware that there are certain laws. It is not necessary to know what the law says about everything, but there are important laws that every board member and every manager in general should be aware of. In my view, these include the following. In addition, the association must now have all its relevant documents on its website, including the CC&R (declaration), statutes, statutes, platform and rules. Previously, only the declaration and articles of association had to appear on the website.

If the corporation does not have a website, it must provide the documents to the owners free of charge during normal business hours at the corporation`s address listed in the Utah HOA registry. See Utah Code Sections 57-8a-227 and 57-8-17. Utah HOAs can breathe a sigh of relief, as associations are now generally protected from COVID-19-related lawsuits and claims. 18. In August 2020, a new law came into force that provides immunity from civil liability for damage or injury resulting from a person`s exposure to COVID-19 on premises owned or operated by an HOA or during an activity managed by the HOA. Immunity does not apply if a club intentionally does something wrong or is reckless. In particular, immunity does not apply to “wilful misconduct, reckless infliction of harm, or intentional infliction of harm.” The new law is important because claims related to communicable diseases and viruses are generally excluded from association insurance. Senate Bill 1588 has 27 separate sections that add or amend legal provisions in Chapters 202, 207, and 209 of the Texas Property Code, including provisions identical to those in House Bill 3571 (Protection of Security Measures) and Senate Bill 581 (Protection of Religious Objects on Display). Due to the size and scope of Senate Bill 1588, it will be grouped into separate subsections by subject. (applies to communities 55 years of age and older) (allows a community 55 years of age or older to have restrictions that would otherwise be discriminatory) Senate Bill 1588 amends Section 209.0064 of the Texas Property Code, which requires written notice of a failing account to owners of a homeowners corporation that manages a subdivision development before the owner can be held liable for the costs of a collection agency. As amended, the written notice must give owners 45 days (instead of 30 days) to delete a defaulting account before further collection action can be taken by the homeowners corporation. This provision comes into force on September 1, 2021.

(discrimination; Service Animals) (applies to all dressings). Senate Bill 1588 adds Section 209.00505 to the Texas Property Code, which imposes new rules for denying an architectural committee`s application for a subdivision development involving more than 40 properties and creates a procedure to challenge such a rejection at the homeowners association board. Section 209.00505 also restricts members of the board of directors of the Land Association and their spouses and household members from serving on the architectural committee. This provision comes into force on September 1, 2021. All content is provided for informational purposes only and should never be construed as legal advice. Always consult a lawyer for legal advice about your situation. ™ CounselOurHOA.com and Kimble Law PLLC are not affiliated or sponsored by any government agency. Laws change frequently and the information on this website may not be accurate or complete. You must not take or refrain from taking any action based on anything included in this application without first seeking legal advice. *No legal representation is provided unless expressly stated. Senate Bill 581 amends Section 202.018 of the Texas Property Code, which, prior to 2021, prohibited a homeowners corporation from entering into or enforcing a restrictive agreement that prevents an owner or occupier from displaying or displaying a religious object at the entrance of the owner or occupant of their home. Under such an amendment, section 202.018 now prohibits the adoption or application of a restriction that would prevent an owner or occupant from displaying a religious object anywhere in his or her home or property.

Section 202.018 also allows a homeowners association to enact or enforce restrictions that restrict the display of religious objects: (1) on common areas or shared property; (2) contravenes applicable construction lines, rights-of-way, setbacks or easements; or (3) mounted on a traffic control device, street light, fire hydrant or electric shield, pole or device. Senate Bill 1588 contains identical provisions for the protection of religious objects on display. This law will come into force on May 31, 2021. House Bill 3571 adds Section 202.023 to the Texas Property Code, which prohibits a homeowners association managing a subdivision development from enacting or enforcing a restrictive agreement that prevents an owner from constructing or installing security measures, including, but not limited to, a security camera. a motion detector or fence. However, section 202.023 allows a homeowners corporation to regulate the type of fence that a homeowner may install. Senate Bill 1588 contains identical provisions for the protection of security measures. This law will come into force on June 15, 2021. However, an association may require a landowner to follow a site plan review process, maintain plants in good condition and meet certain water design requirements adopted by the association, and may restrict the use of mulch deemed detrimental to the operation of the association, require minimum or maximum vegetation cover, and prohibit the use of certain Restrict plant material. Senate Bill 1588 adds Texas Property Section 202-022, which prohibits homeowner corporations from adopting or enforcing a restrictive agreement that prevents a homeowner from installing a pool enclosure on the owner`s property that meets applicable state or local safety requirements. Section 202.022 authorizes homeowners corporations to enact and/or enforce rules governing the appearance of a pool enclosure, including restrictions that establish permitted colours for a pool canopy, provided that these restrictions do not prohibit a black pool awning made of transparent nets inserted into metal frames.