Table of Contents 2017-02-04T08:14:04+00:00

CHAPTER 1     MASTER-PLANNED COMMUNITIES AND CONDOMINIUMS

1.1         The Association-Governed Community Concept

1.2         Common-Interest Developments in Texas

1.3         Homeowners Associations in Texas

1.4         Statutory Laws and Governing Documents that Apply to Texas Homeowners Associations and the Hierarchy of such Authorities

1.4.1     Hierarchy of Public Law Applicable to Texas Homeowners Associations

1.4.2     Hierarchy of Governing Documents Applicable to Texas Homeowners Associations

1.4.3     Exceptions to the General Rules of Hierarchical Authority and other Rules Concerning the Application of Public Law and Governing Documents to Homeowners Associations

1.5          Synonymous Terms of Art Applicable to Texas Homeowners Association and Use of Terms of Art in this Book

1.5.1     Terms of Art Utilized in this Book in Reference to Homeowners Associations

1.5.2     Terms of Art Utilized in this Book in Reference to Property Owners

1.5.3     Terms of Art Utilized in this Book in Reference to Corporate Governing Documents

1.6          2011 Legislative Reforms to Texas Homeowners Association Law

1.6.1     Recording and Online Publication of Dedicatory Instruments

1.6.2     Open Board Meetings

1.6.3     Association Records

1.6.4     Payment and Collection of Assessments

1.6.5     Amendment of Governing Documents

1.6.6     Board of Directors

1.6.7     Annual Membership Meeting and Notice of Membership Meeting Requirements

1.6.8     Membership Voting

1.6.9     Resale Certificates

1.6.10   Enforcement of Restrictive Covenants Concerning Flags, Rain Barrels, Religious Displays, Solar Panels, and Roof Shingles

1.6.11   Notice of Restrictive Covenant Violation

CHAPTER 2     CONDOMINIUM DEVELOPMENTS IN TEXAS

2.1         The Condominium Concept

2.2         Application of the Texas Condominium Act and/or the Texas Uniform Condominium Act

2.3         Understanding Condominium Terms of Art

2.4         The Condominium Declaration

2.5         Ownership of Units and Determining Unit Boundaries

2.6         Common Elements, Limited Common Elements, and General Common Elements

2.7         Allocation of Common Element Interests, Votes, and Common Expense Liabilities

2.8         Condominium Plats and Plans

2.9         Alteration of Units, Relocation of Boundaries between Adjoining Units, and Subdivision of Units

2.9.1     Alteration of a Unit or Partitions between Two Units

2.9.2     Relocation of Boundaries between Adjoining Units

2.9.3     Subdivision of a Unit

2.10       Maintenance and Repair of Units and Common Elements

2.11       Amendment of a Condominium Development’s Governing Documents

2.12       Termination of a Condominium Development

2.12.1   Agreement to Terminate a Condominium Development

2.12.2. Termination Procedure if the Condominium Development Property is to Be Sold Following Termination

2.12.3. Termination Procedure if the Condominium Development Property is not to Be Sold Following Termination

2.12.4   Post-Termination Distribution of Condominium Association’s Assets

2.12.5   Rescission of Termination Agreement

2.13       Foreclosure of a Lien Against All or Part of a Condominium Development

2.14       Rights of Secured Lenders

2.15       Organization and Powers of a Condominium Association

2.15.1   General Powers of Condominium Associations

2.15.2   Power of Condominium Associations to Evict or Collect Rents from a Unit Owner’s Tenants

2.15.3   Power of Condominium Associations to Sell Real Property in the Condominium Development

2.15.4   Power of Condominium Associations to Terminate Certain Contracts Without Penalty

2.15.5   Regulations on the Powers of Condominium Associations

2.16       Directors and Officers of a Condominium Association

2.16.1   Transition of Control of Condominium Associations

2.16.2   Duty of Care of Directors and Officers of Condominium Associations

2.17        Bylaws of Condominium Associations

2.18        Meetings, Quorums, Voting, and Proxies

2.18.1   Notice of Board of Directors and Membership Meetings

2.18.2   Manner of Conducting Meetings

2.18.3   Quorum Requirement

2.18.4   Voting, Use of Proxies, and Cumulative Voting

2.19       Insurance

2.19.1   Commercial General Liability Insurance

2.19.2   Property Insurance

2.19.3   Other Insurance Coverage Required by Declaration or Deemed Appropriate by the Board of Directors

2.19.4   Additional Insurance Requirements

2.20       Authority to Levy Assessments and Establishment of an Assessment Lien

2.20.1   Authority to Levy Assessments

2.20.2   Establishment of an Assessment Lien

2.20.3   Notification of Unit Owner’s Assessment Delinquency to Other Lienholders

2.20.4   Acceptance of a Deed in Lieu of Foreclosure and Bidding on a Unit at a Foreclosure Sale

2.20.5   Redemption of a Unit Following Foreclosure

2.21       Books and Records and Annual Audit Requirements

2.21.1   Books and Records Required to Be Kept by Condominium Associations

2.21.2   Inspection of Books and Records by Unit Owners

2.21.3   Annual Audit Requirement

2.22       Management Certificates

2.23       Resale Certificates

2.24       Obligations of Unit Owners

2.25       Violation of the Texas Uniform Condominium Act and Enforcement of a Condominium Association’s Governing Documents

CHAPTER 3     FORMATION AND ADMINISTRATION OF TEXAS HOMEOWNERS ASSOCIATIONS

3.1         Formation of and Laws Applicable to the Administration of Texas Homeowners Associations

3.1.1     Texas Law Governing Nonprofit Corporation HOAs

3.1.2     Texas Law Governing Unincorporated Nonprofit Associations

3.2         Management of Nonprofit Corporation HOAs by a Board of Directors

3.3         Transition of Control of a Board of Directors from Declarant to Homeowners 

3.4         Number of Directors on the Board and Manner of Appointment or Election of Members to the Board of Directors

3.4.1     Number of Directors on the Board of Directors

3.4.2     Manner of Appointment and Election of Directors

3.5         Eligibility Requirements and Qualifications to Serve as a Director of a Texas Nonprofit Corporation HOA

3.6         Term of Office for Directors

3.7         Resignation or Removal of Directors from the Board

3.8         Filling a Vacancy on the Board of Directors

3.8.1     Manner of Filling a Vacancy on a Condominium Association’s Board of Directors

3.8.2     Manner of Filling a Vacancy on a Subdivision Association’s Board of Directors

3.9         Corporate Officers of a Nonprofit Corporation HOA

3.10       Election or Appointment of Officers

3.11       Eligibility Requirements and Qualifications to Serve as an Officer

3.12       Removal of Officers

3.13       Committees of a Nonprofit Corporation HOA

3.13.1.     Management Committees

3.13.2.     Non-Management Committees

3.14       Ex Officio Members of the Board of Directors

3.15       Duty of Care of Directors and Officers

3.15.1. Fiduciary Duty of Directors and Officers and Application of the Business Judgment Rule under Texas Common Law

3.15.2. Duty of Care of Directors under the Texas Nonprofit Corporation Law

3.15.3. Duty of Care of Officers under the Texas Nonprofit Corporation Law

3.15.4. Application of the Business Judgment Rule under the Texas Nonprofit Corporation Law

3.15.5. Duty of Care of Directors and Officers of Condominium Associations under the Texas Uniform Condominium Act

3.16       Immunity and Indemnity of Directors and Officers of Nonprofit Corporation HOAs

3.16.1. Director and Officer Immunity from Liability under the Texas Charitable Immunity and Liability Act of 1987

3.16.2. Contractual Indemnity of Directors and Officers

3.16.3   Statutory Indemnity of Directors and Officers under the Texas Corporation Law

CHAPTER 4     MEETINGS OF THE BOARD OF DIRECTORS

4.1         In General

4.2         Board Meeting Procedures Applicable to Subdivision Associations

4.3         Regular and Special Meetings of the Board of Directors

4.4         Open Board Meetings and Executive Session

4.4.1     Open Board Meetings of a Condominium Association’s Board of Directors under the Texas Uniform Condominium Act

4.4.2     Open Board Meetings of a Subdivision Association’s Board of Directors under Chapter 209 of the Texas Property Code

4.4.3     Meeting in Executive Session

4.5         Homeowners Associations Subject to the Texas Open Meetings Act

4.6         Location of Board Meetings

4.7         Notice of a Board Meeting to Directors

4.7.1     General Requirements Concerning Notice of a Board Meeting

4.7.2     Notice of a Regular Board Meeting to Directors

4.7.3     Notice of a Special Board Meeting to Directors

4.8         Notice of a Board Meeting to Members of a Homeowners Association

4.8.1     Notice of a Board Meeting to Unit Owners by a Condominium Association

4.8.2     Notice of a Board Meeting to Lot Owners by a Subdivision Association

4.9         Establishment of a Quorum

4.10       Voting and Proxies

4.11       Conducting a Board Meeting by Electronic or Telephonic Means

4.11.1     General Authority of a Nonprofit Corporation HOA to Conduct a Board Meeting by Alternative Methods of Communication under the Texas Nonprofit Corporation Law

4.11.2     Specific Authority of a Condominium Association to Conduct a Board Meeting by Alternative Methods of Communication under the Texas Uniform Condominium Act

4.11.3     Specific Authority and Limitations of a Subdivision Association to Conduct a Board Meeting by Alternative Methods of Communications under Chapter 209 of the Texas Property Code

4.12       Taking Actions by Written Consent Without a Board Meeting

4.12.1   Actions by Unanimous Written Consent

4.12.2. Execution of a Written Consent in Lieu of a Board Meeting

4.13       Agenda and Order of Business at a Board Meeting

4.14       Conducting a Board Meeting and Decorum

4.15       Participation of Non-Directors at a Board Meeting

4.16       Recording and Taping of a Board Meeting

4.17       Minutes of a Board Meeting

CHAPTER 5     MEETINGS OF A HOMEOWNERS ASSOCIATION’S MEMBERSHIP

5.1         In General

5.2         Actions that Require Approval of a Homeowners Association’s Membership

5.3         Taking Actions by Consent without a Membership Meeting

5.3.1     Actions by Unanimous Written Consent

5.3.2     Actions by Less than Unanimous Written Consent

5.3.3     Execution of a Written Consent in Lieu of a Membership Meeting

5.4          Location of Membership Meetings

5.5          Annual Meetings of a Homeowners Association’s Membership

5.5.1     Annual Membership Meeting Requirement of Nonprofit Corporation HOAs under the Texas Nonprofit Corporation Law

5.5.2     Annual Membership Meeting Requirement of Subdivision Associations under Chapter 209 of the Texas Property Code

5.6          Special Meetings of a Homeowners Association’s Membership

5.7          Notice of a Membership Meeting

5.7.1     General Requirements Concerning Notice of a Membership Meeting

5.7.2     Specific Requirements of Condominium Associations Concerning Notice of a Membership Meeting

5.7.3     Specific Requirements of Subdivision Associations Concerning Notice of a Membership Meeting

5.7.4     Exceptions to and Waiver of a Membership Meeting Notice

5.8          Pre-Membership Meeting Procedures: Setting a Record Date for Determination of Membership and Preparing a Membership Voting List

5.8.1     Establishing a Record Date for Determination of Membership

5.8.2     Preparation of a Membership Voting List

5.9          Agenda and Order of Business at a Membership Meeting

5.10        Conducting a Membership Meeting and Decorum

5.11        Establishment of a Quorum at a Membership Meeting

5.12        Voting of Members at a Membership Meeting

5.12.1   Allocation of Membership Votes

5.12.2   Membership Voting Eligibility

5.12.3   Membership Voting Approval Requirements

5.12.4   Methods for Casting Ballots in a Membership Vote

5.13        Election of Directors

5.13.1   Election Voting Systems in General

5.13.2. Election Voting under the Texas Nonprofit Corporation Law

5.13.3   Cumulative Voting

5.13.4   Deadlines for Partial and/or Full Transition of Authority to Elect Directors from the Declarant to the Homeowners

5.14        Statutory Requirements and Procedures for Casting, Tabulating and Recounting Membership Ballots Applicable to Subdivision Associations

5.14.1   Requirement of Written and Signed Ballots

5.14.2   Tabulation of and Access to Ballots

5.14.3   Recount of Ballots

5.15        Recording and Taping of a Membership Meeting

5.16        Minutes of a Membership Meeting

CHAPTER 6     DUTIES AND OPERATION OF TEXAS HOMEOWNERS ASSOCIATIONS

6.1         Source and Scope of a Homeowners Association’s Power and Authority

6.1.1     Additional Powers and Authority Granted to Certain Subdivision Associations in Harris, Galveston, and Montgomery Counties under Chapter 204 of the Texas Property Code

6.1.2     Additional Powers and Authority Granted to Condominium Associations under the Texas Uniform Condominium Act

6.1.3     Limitations on a Subdivision Association’s Ability to Transfer an Interest in its Accounts Receivables

6.2         Management of Homeowners Associations

6.2.1     Self-Management by the Board of Directors

6.2.2     Self-Managed by an Employed Manager

6.2.3     Management by an Independent Management Company

6.3          Emergency Governance of Texas Nonprofit Corporation HOAs

6.4          Management Certificates

6.5          Recording and Online Publication of Dedicatory Instruments

6.6          Adoption and Recording of a Payment Plan Guidelines Policy by Subdivision Associations

6.7          Adoption and Recording of a Records Production and Copying Policy by Subdivision Associations

6.8          Adoption and Recording of a Document Retention Policy by Subdivision Associations

6.9          Resale Certificates

6.9.1     Production of Subdivision Information and Resale Certificates by a Subdivision Association

6.9.2     Production of Condominium Information and Resale Certificates by a Condominium Association

6.10        Maintenance of Common Areas and Common Elements

6.11        Limitation of Liability of a Texas Homeowners Association under the Texas Charitable Immunity and Liability Act of 1987

6.12        Filing Periodic Reports with the Texas Secretary of State

6.13        Keeping Books and Records

6.14        Inspection of a Homeowners Association’s Books and Records by a Director

6.15        Inspection of a Homeowners Association’s Books and Records by a Homeowner

6.15.1   Member-Homeowner’s Right to Inspect Books and Records of a Nonprofit Corporation HOA under the Texas Nonprofit Corporation Law

6.15.2   Member’s Right to Inspect Books and Records of a Nonprofit Association under the Texas Uniform Unincorporated Nonprofit Association Act

6.15.3   Unit Owner’s Right to Inspect Books and Records of a Condominium Association under the Texas Uniform Condominium Act

6.15.4   Lot Owner’s Right to Inspect Books and Records of a Subdivision Association under Chapter 209 of the Texas Property Code

6.16        Audits of a Homeowners Association’s Financial Records

6.17        Applicability of the Texas Open Meetings Act and Public Information Act to Certain Texas Homeowners Associations

CHAPTER 7     LEVYING AND COLLECTING ASSESSMENTS

7.1          In General

7.2          Source and Scope of a Homeowners Association’s Authority to Levy Assessments against Homeowners

7.3          Obligation of Homeowners to Pay Assessments

7.4          Assessment of Late Fees and Interest

7.5          Payment Plan and Priority of Payment Schedule Requirements Applicable to Subdivision Associations

7.5.1     Payment Plan Requirement Applicable to Subdivision Associations Consisting of 15 or More Lots

7.5.2     Priority of Payment Schedule Applicable to All Subdivision Associations

7.6          Reimbursement of Collection Costs and Attorneys Fees Incurred by a Homeowners Association

7.6.1     Reimbursement of Collection Costs and Attorneys Fees Incurred by a Subdivision Association

7.6.2     Reimbursement of Collection Costs and Attorneys Fees Incurred by a Condominium Association

7.7          Creation, Scope, and Priority of an Assessment Lien

7.7.1     Creation and Perfection of an Assessment Lien

7.7.2     Scope of an Assessment Lien

7.7.3     Priority of an Assessment Lien

7.8          Foreclosure of an Assessment Lien

7.8.1     Judicial Foreclosure of an Assessment Lien

7.8.2     Non-Judicial Foreclosure of an Assessment Lien

7.9          Pre-Foreclosure Due Process Procedures Required of Subdivision Associations

7.9.1     Required Notice to Holders of a Junior Deed of Trust Lien and Opportunity to Cure the Assessment Delinquency

7.9.2     Required Court Order Authorizing Non-Judicial Foreclosure of a Subdivision Association’s Assessment Lien

7.10        Statutory Restrictions on the Rights of Homeowners Associations to Foreclose an Assessment Lien

7.11        Texas Constitutional Protection of a Homeowner’s Homestead

7.11.1   Scope of Homestead Property and Invocation of Homestead Protection

7.11.2   Preemption of Homestead Protection by a Preexisting Assessment Lien

7.12        Protection of Active Duty Military Servicemembers from Foreclosure

7.13        Post-Foreclosure Notice Requirements of Subdivision Associations

7.14        Homeowner’s Right of Redemption Following a Foreclosure Sale

7.14.1. Redemption of a Lot Foreclosed by a Subdivision Association

7.14.2. Redemption of a Unit Foreclosed by a Condominium Association

7.15        The Federal Fair Debt Collection Practices Act and the Texas Debt Collection Practices Act

7.15.1   Application of the Federal Fair Debt Collection Practices Act

7.15.2   Application of the Texas Debt Collection Practices Act

7.16        Filing of Bankruptcy by a Homeowner

7.16.1   Types of Bankruptcies

7.16.2   Automatic Stay Against Further Collection Efforts

7.16.3   Pre-Petition and Post-Petition Debt

7.16.4   Filing a Proof of Claim

7.16.5   Secured v. Unsecured Debt

7.16.6   Discharge of Debt Owed to a Homeowners Association and Payment of Claims

CHAPTER 8     ARCHITECTURAL COMMITTEES

8.1          In General

8.2          Establishment of an Architectural Committee

8.3          Promulgation of Architectural Guidelines

8.4          Architectural Review by an Architectural Committee

8.5          Time Period for Approving or Denying a Proposed Construction Project

8.6          Authority of an Architectural Committee to Grant a Variance

8.7          Limitations on an Architectural Committee’s Architectural Control Authority

8.8          Challenge of an Architectural Committee’s Determination

CHAPTER 9     ENFORCEMENT OF RESTRICTIVE COVENANTS

9.1          In General

9.2          Interpretation of Restrictive Covenants

9.3          Parties Who May Enforce Restrictive Covenants

9.4          Procedural Due Process Requirements for Enforcement of Restrictive Covenants

9.4.1     Procedural Due Process Requirements for Enforcement of Restrictive Covenants by a Subdivision Association under Chapter 209

9.4.2     Procedural Due Process Requirements for Enforcement of Restrictive Covenants by a Condominium Association under the Texas Uniform Condominium Act

9.5          Enforcement of Restrictive Covenants by Non-Judicial Procedures: Self-Help Remedies and Assessment of Fines

9.5.1     Remediation of a Restrictive Covenant Violation by Exercise of Self-Help Remedies

9.5.2     Assessment of Fines Against a Homeowner for Violation of a Restrictive Covenant

9.6          Enforcement of Restrictive Covenants by Judicial Proceeding

9.7          Affirmative Defenses to Judicial Enforcement of Restrictive Covenants: Statute of Limitations and Abandonment and Waiver

9.7.1     Statute of Limitations

9.7.2     Abandonment and Waiver

9.8          Reimbursement of Attorneys Fees Incurred in Restrictive Covenant Enforcement

9.8.1     Contractual Authority for Recovery of Attorneys Fees Incurred in Restrictive Covenant Enforcement

9.8.2     Statutory Authority for Recovery of Attorneys Fees Incurred in Restrictive Covenant Enforcement

9.8.3     Collection of Attorneys Fees Incurred by a Homeowners Association in Restrictive Covenant Enforcement

9.8.4     Procedural Due Process Requirements for Texas Subdivision Associations to Recover Attorneys Fees Incurred in Restrictive Covenant Enforcement

CHAPTER 10     FEDERAL AND STATE LAWS WHICH LIMIT OR RESTRICT THE ENFORCEMENT OF RESTRICTIVE COVENANTS

10.1        The Federal and Texas Fair Housing Acts

10.1.1   Discrimination on the Basis of Familial Status

10.1.2   Discrimination on the Basis of a Person’s Handicap

10.1.3   Investigation and Enforcement of an Alleged Fair Housing Act Violation

10.2        Americans with Disabilities Act

10.3        The Federal Communications Commission’s Over-the-Air Reception Devices Rule (“OTARD Rule”)

10.3.1   Scope of Antennas Protected by the OTARD Rule

10.3.2   Exceptions to the OTARD Rule

10.3.3   Waiver of the OTARD Rule and Petition for Determination by the Federal Communications Commission

10.4        Freedom to Display the American Flag Act

10.5        Texas Community Homes for Disabled Persons Location Act

10.6        Protection of Solid-Waste Composting, Rain Harvesting, and Irrigation Systems under Section 202.007 of the Texas Property Code

10.6.1   Permissible Regulation of Composting Devices

10.6.2   Permissible Regulation of Rain Barrels and Rain Harvesting Systems

10.6.3. Permissible Regulation of the installation of Irrigation Systems and Water-Conserving Landscaping and Hardscape

10.7        Display of Political Signs under Section 202.009 of the Texas Property Code

10.8        Protection of Solar Energy Devices under Section 202.010 of the Texas Property Code

10.8.1. Permissible Installation Regulation of Solar Energy Devices

10.8.2   Other Permissible Regulation of Solar Energy Devices

10.8.3. Approval of a Solar Energy Device by an Architectural Committee

10.8.4   Non-Application of Section 202.010 during a Development Period

10.9        Protected Display of the United States, Texas, and Military Service Branch Flags under Section 202.011 of the Texas Property Code

10.10      Protection of Weather-Resistant and Energy-Conserving Shingles under Chapter 202.011 of the Texas Property Code

10.11      Protected Display of Certain Religious Items on the Entry to a Home under Section 202.018 of the Texas Property Code

10.12      Invalidation of Restrictive Covenants that Require Wood Shingles or that Discriminate Against a Person on the Basis of his or her Race, Color, Religion, or National Origin under Chapter 5 of the Texas Property Code

CHAPTER 11     AMENDMENT OF GOVERNING DOCUMENTS

11.1        In General

11.2        Procedures for Amendment of Articles of Incorporation under the Texas Nonprofit Corporation Law

11.2.1   Procedures for Approving an Amendment to the Articles of Incorporation

11.2.2   Procedures for filing an Amendment of the Articles of Incorporation with the Texas Secretary of State

11.3        Procedures for and Restrictions on the Amendment of Bylaws

11.4        Procedures for Amendment of a Condominium Declaration under the Texas Uniform Condominium Act

11.4.1   General Requirements for Amendment of a Condominium Declaration

11.4.2   Voting Requirements for Certain Amendments of a Condominium Declaration

11.4.3   Procedures for Approval of an Amendment to a Condominium Declaration by Unit Owners

11.4.4   Recording of an Amendment to a Condominium Declaration in the Local Official Public Records

11.4.5   Legal Challenge to the Validity of an Amendment to a Condominium Declaration

11.5        Procedures for Amendment of a Subdivision Declaration under Chapter 209 of the Texas Property Code

11.5.1   General Amendments of a Subdivision Declaration under Section 209.0041

11.5.2   Amendment of a Subdivision Declaration to Grant or Remove a Subdivision Association’s Authority to Foreclose its Assessment Lien under Section 209.0093

11.5.3   Recording of an Amendment to a Subdivision Declaration in the Local Official Public Records

11.6        Procedures for Extending, Creating or Modifying a Declaration of a Residential Subdivision Development Located in either: a City with a Population of More than 100,000; in an Unincorporated Area of Harris County; or in Brazoria, Fort Bend, Galveston, Liberty, Montgomery, or Waller County under Chapter 201 of the Texas Property Code

11.6.1   Applicability of Chapter 201 Procedures

11.6.2   Procedures for Extension, Creation, and/or Modification of a Declaration under Chapter 201

11.6.3   Exclusion of Lots from the Application of a Declaration that is Extended, Created, and/or Modified under Chapter 201

11.6.4   Judicial Challenge of a Chapter 201 Petition’s Compliance with the Procedural Requirements of Chapter 201 or to Exclude a Lot From the Application of an Extended, Created, and/or Modified Declaration

11.7       Procedures for Extending or Modifying a Declaration of a Residential Subdivision Development and/or establishing a Mandatory-Membership Subdivision Association Located in Harris, Galveston, or Montgomery County under Chapter 204 of the Texas Property Code

11.7.1     Declarations that May Be Extended or Modified under the Procedures Set Forth by Chapter 204

11.7.2     Procedures for Extending and/or Modifying an Existing Declaration under Chapter 204

11.7.3     Procedures for Creation of a Mandatory-Membership Subdivision Association under Chapter 204

11.7.4     Vesting of Architectural Control Authority in Certain Applicable Subdivision Developments under Chapter 204

11.8        Procedures for Amending a Declaration for Certain Limited Purposes by a Board of Directors of a Texas Homeowners Association Located in a Texas County With a Population of 65,000 or More under Chapter 205 of the Texas Property Code

11.9        Procedures for Extending a Declaration Applicable to the Clear Lake City Community Association in Harris County, Texas, under Chapter 206 of the Texas Property Code

11.10      Procedures for Amendment and/or Termination of a Declaration in a Historic Neighborhood Located in the Houston Heights Area of the City of Houston under Chapter 208 of the Texas Property Code

11.10.1     Applicability of Chapter 208 to Historic Neighborhoods

11.10.2     Procedures for Amendment or Termination of a Historic Preservation Declaration

11.10.3     Defenses to Enforcement of a Historic Preservation Declaration

11.11     Procedures for Extension or Modification of a Declaration Applicable to a Residential Subdivision Development located in Smith, Cherokee, Henderson, Rusk, or Van Zandt County by Petition under Chapter 210 of the Texas Property Code

11.11.1     Procedures for Amendment of a Declaration under Chapter 210

11.11.2     Certification of Results of a Chapter 210 Petition Vote and Binding Effect of an Approved Chapter 210 Petition

11.12      Procedures for Amendment or Modification of Certain Limited Declarations Applicable to Residential Subdivision Developments Located in Unincorporated Areas of Texas Counties with a Population of Less Than 65,000 under Chapter 211 of the Texas Property Code

11.13      Procedures for Adopting an Extension of a Declaration by a Majority Vote of Lot Owners in Certain Subdivision Developments located in Houston, Texas, under Chapter 212 of the Texas Property Code

11.13.1     Procedures for Extension of an Applicable Declaration

11.13.2     Effective Date and Length of an Approved Extension Period

11.13.3     Termination of an Extended Declaration

11.13.4     Applicability of an Extended Declaration and Exclusion of Unconstitutional Restrictions

11.13.5     Use of Extension Procedures Set Forth in the Declaration

CHAPTER 12     RIGHTS AND DUTIES OF TEXAS HOMEOWNERS

12.1        In General

12.2        Homeowners’ Contractual Duty to Comply with Restrictive Covenants and Pay Assessments

12.3        Unit Owners’ Statutory Duty to Comply with a Condominium Association’s Declaration and Pay Assessments

12.4        Unit Owners’ Statutory Duty to Disclose Certain Information to a Condominium Association

12.5        Homeowners’ Right to Enforce Restrictive Covenants

12.5.1. Homeowners’ Contractual Right to Enforce Restrictive Covenants

12.5.2. Lot Owners’ Common Law Right to Enforce Restrictive Covenants

12.5.3. Unit Owners’ Statutory Right to Enforce Restrictive Covenants

12.6        Homeowners’ Statutory Right to Notice of Meetings of a Homeowners Association’s Board of Directors

12.6.1   Unit Owners’ Right to Notice of Board Meetings

12.6.2   Lot Owners’ Right to Notice of Board Meetings

12.7        Homeowners’ Statutory Right to Attend Board Meetings

12.7.1   Open Board Meetings of a Condominium Association’s Board of Directors under the Texas Uniform Condominium Act

12.7.2   Open Board Meetings of a Subdivision Association’s Board of Directors under Chapter 209 of the Texas Property Code

12.8        Homeowners’ Statutory Right to Notice of Meetings of a Homeowners Association’s Membership

12.8.1. Member-Homeowners’ Right to Notice of Membership Meetings

12.8.2   Unit Owners’ Right to Notice of Membership Meetings

12.8.3   Lot Owners’ Right to Notice of Membership Meetings

12.9        Lot Owner’s Statutory Right to Compel a Vote Recount

12.10      Homeowners’ Statutory Right to Inspect a Homeowner Association’s Books and Records

12.10.1     Member-Homeowners’ Right to Inspect Books and Records of a Nonprofit Corporation HOA under the Texas Nonprofit Corporation Law

12.10.2     Members’ Right to Inspect Books and Records of a Nonprofit Association under the Texas Uniform Unincorporated Nonprofit Association  Act

12.10.3     Unit Owners’ Right to Inspect Books and Records of a Condominium Association under the Texas Uniform Condominium Act

12.10.4     Lot Owners’ Right to Inspect Books and Records of a Subdivision Association under Chapter 209 of the Texas Property Code

APPENDIX

Appendix A:    Glossary of Terms

Appendix B:     Index of Authorities

Appendix C:     Sample Board Meeting Notice (for use by Subdivision Associations)

Appendix D:    Sample Form of Board Meeting Minutes

Appendix E:     Sample Annual Membership Meeting Notice

Appendix F:     Sample Special Membership Meeting Notice

Appendix G:    Sample Absentee Ballot Form (for use by Subdivision Associations)

Appendix H:    Sample Proxy Form for a Membership Meeting

Appendix I:      Sample Minutes from an Annual Membership Meeting

Appendix J:      Brief Summary of Robert’s Rules of Order (for use at a regular or special Membership Meeting)

Appendix K:     Sample Management Certificate Form in Accordance With Chapter 82 of the Texas Property Code (for use by Condominium Associations)

Appendix L:      Sample Management Certificate Form in Accordance with Chapter 209 of the Texas Property Code (for use by Subdivision Associations)

Appendix M:    Sample Resale Certificate Form in Accordance with Chapter 82 of the Texas Property Code (for use by Condominium Associations)

Appendix N:     Sample Resale Certificate Form in Accordance with Chapter 207 of the Texas Property Code (for use by Subdivision Associations)

Appendix O:     Sample Payment Plan Guidelines Policy (for use by Subdivision Associations consisting of fifteen or more lots)

Appendix P:      Sample Records Production and Copying Policy (for use by Subdivision Associations)

Appendix Q:     Sample Document Retention Policy (for use by Subdivision Associations)

Appendix R:     Sample Request to Inspect and/or Copy Books and Records (for use by Unit Owners in a Condominium Association)

Appendix S:      Sample Request to Inspect and/or Copy Books and Records (for use by Lot Owners in a Subdivision Association)

Appendix T:     Sample Notice of Past Due Assessments Letter (for use by Condominium Associations)

Appendix U:     Sample Notice of Past Due Assessments Letter (for use by Subdivision Associations)

Appendix V:     Sample Notice of Assessment Delinquency to Junior Deed of Trust Lienholder (for use by Subdivision Associations)

Appendix W:    Sample Notice of Assessment Lien for Non-Payment of Assessments (for use by Condominium Associations)

Appendix X:     Sample Notice of Assessment Lien for Non-Payment of Assessments (for use by Subdivision Associations)

Appendix Y:     Sample Release of Notice of Assessment Lien (for use by all Homeowners Associations)

Appendix Z:      Sample Architectural Committee Submission Form

Appendix AA:  Sample Notice of Restrictive Covenant Violation Letter (for use by Condominium Associations)

Appendix BB:   Sample Notice of Restrictive Covenant Violation Letter (for use by Subdivision Associations)

Appendix CC:   Sample Notice of Fine or Charge Letter in Accordance With Chapter 82 of the Texas Property Code (for use by Condominium Associations)

Appendix DD:   Sample Notice of Fine or Charge Letter in Accordance with Chapter 209 of the Texas Property Code (for use by Subdivision Associations)

Appendix EE:    Sample Outline For A Chapter 209 Hearing Before the Board of Directors (for use by Subdivision Associations)

Appendix FF:     Links to Texas Homeowners Association Online Resources, Statutes, and Forms