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SB 1168 consists of twenty-three separate subparts or “sections”, which amend several provisions of Chapter 82 (which governs Condominium Associations) and Chapter 209 of the Texas Property Code (which governs Subdivision Associations), as well as adds a new Chapter 213 to the Texas Property Code.

One of the stated purposes of SB 1168 is to correct or clarify some of the statutory provisions enacted during the 2011 legislative session.

To the extent that associations adopted internal procedures for rules enforcement prior to the effective dates of the WCA and the HOAA, they had to look to the specific authorizing language in their declarations of covenants, conditions and restrictions.

It was extremely unlikely that the language provided by developers' lawyers in documents of pre-1990 vintage contained authorization for any alternative to judicial enforcement. (Emphasis added.) This language was mirrored in the HOAA in RCW (11).

On June 1, the Texas Legislature concluded the 2015 legislative session.

Unlike the 2013 legislative session, in which the Texas Legislature enacted legislation that was relatively minor in scope, the 2015 Texas Legislature enacted 39 new HOA-specific laws that apply to Texas Homeowners Associations, including Homeowners Associations that administer condominium developments (generally referred to as “Condominium Associations”) and Homeowners Associations that administer subdivision developments (generally referred to as “Subdivision Associations”).

invalidating a home owners association-87invalidating a home owners association-61

Keep an eye out for these common mistakes condo and homeowners associations make when conducting elections.The challenge is to ensure that the procedures and the association's implementation of the procedures comply with the requirements for procedural fairness which the statutes do not clarify in detail.Prior to July 1, 1990, the condominium legislation in effect in the State of Washington was the Horizontal Property Regimes Act, codified in RCW Chapter 64.32.At some point, higher-level elected officials and judges are going to have to step in and say, right, whatever else we do, we don't ditch freedom, whatever its faults.We regulate it and make money on it through taxation. In an alarming convergence, Donald Trump's incendiary campaign statements appear to be emboldening opponents of leasing and short-term rentals to say what they really mean: they want every subdivision to be gated and patrolled so that "people who don't belong here" can be kept out.




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