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Know the Texas Property Code - What the board cannot do without prior notice
Posted on December 9, 2022 9:00 AM by Admin
Categories: General, HOA
The board may not, unless done in an open meeting for which prior notice was given to owners under Subsection (e), consider or vote on: (1) fines; (2) damage assessments; (3) initiation of foreclosure actions; (4) initiation of enforcement actions, excluding temporary restraining orders or violations involving a threat to health or safety; (5) increases in assessments; (6) levying of special assessments; (7) appeals from a denial of architectural control approval; (8) a suspension of a right of a particular owner 18 before the owner has an opportunity to attend a board meeting to present the owner ’s position, including any defense, on the issue; (9) lending or borrowing money; (10) the adoption or amendment of a dedicatory instrument; (11) the approval of an annual budget or the approval of an amendment of an annual budget; (12) the sale or purchase of real property; (13) the filling of a vacancy on the board; (14) the construction of capital improvements other than the repair, replacement, or enhancement of existing capital improvements; or (15) the election of an officer. (i) This section applies to a meeting of a property owners ’ association board during the development period only if the meeting is conducted for the purpose of: (1) adopting or amending the governing documents, including declarations, bylaws, rules, and regulations of the association; (2) increasing the amount of regular assessments of the association or adopting or increasing a special assessment; (3) electing non-developer board members of the association or establishing a process by which those members are elected; or (4) changing the voting rights of members of the association. Added by Acts 2011, 82nd Leg., R.S., Ch. 1026 (H.B. 2761), Sec. 3, eff. January 1, 2012. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 8, eff. September 1, 2015. Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 12, eff. September 1, 2021.