Sec. 23.18. PROPERTY OWNED BY A NONPROFIT HOMEOWNERS' ORGANIZATION FOR THE BENEFIT OF ITS MEMBERS. (a) Because many residential subdivisions are developed on the basis of a nonprofit corporation or association maintaining nominal ownership to property, such as swimming pools, parks, meeting halls, parking lots, tennis courts, or other similar property, that is held for the use, benefit, and enjoyment of the members of the organization, that nominally owned property is to be appraised as provided by this section on the basis of a nominal value to avoid double taxation of the property that would result from taxation on the basis of market value of both the property of the organization and the residential units or lots of the members of the organization, whose property values are enhanced by the right to use the organization's property.
(b) All property owned by an organization that qualifies as a nonprofit homeowners' organization under this section is appraised at a nominal value as provided by this section if:
(1) the property is held for the use, benefit, and enjoyment of all members of the organization equally;
(2) each member of the organization owns an easement, license, or other nonrevokable right for the use and enjoyment on an equal basis of all property held by the organization, even if the right is subject to a restriction imposed by the instruments conveying the right or interest or granting the easement or subject to a rule, regulation, or bylaw imposed by the organization pursuant to authority granted by articles of incorporation, declaration of covenants, conditions and restrictions, bylaws, or articles of association of the organization; and
(3) each member's easement, license, or other nonrevokable right to the use and enjoyment of the property is appurtenant to and an integral part of the taxable real property owned by the member.
(c) The chief appraiser, in appraising property owned by a member of a qualified nonprofit homeowners' organization who is entitled to the use and enjoyment of facilities owned by the organization, shall consider the enhanced value of the property resulting from the member's right to the use and benefit of those facilities.
(d) An organization qualifies as a nonprofit homeowners' organization under this section if:
(1) it engages in residential real estate management;
(2) it is organized and operated to provide for the acquisition, construction, management, maintenance, and care of property nominally owned by the organization and held for the use, benefit, and enjoyment of its members;
(3) 60 percent or more of the gross income of the organization consists of amounts received as membership dues, fees, or assessments from owners of residences or residential lots within an area subject to the jurisdiction and assessment of the organization;
(4) 90 percent or more of the expenditures of the organization is made for the purpose of acquiring, constructing, managing, maintaining, and caring for the property nominally held by the organization;
(5) each member owns an easement, a license, or other nonrevokable right for the use and enjoyment on an equal basis of all property nominally owned by the organization even if the right is subject to a restriction imposed by the instruments conveying the right or interest or granting the easement or subject to a rule, regulation, or bylaw imposed by the organization pursuant to authority granted by articles of incorporation, declaration of covenants, conditions and restrictions, the bylaws, or articles of association of the organization;
(6) net earnings of the organization do not inure to the benefit of any member of the organization or individual, other than by acquiring, constructing, or providing management, maintenance, and care of the organization's property or by a rebate of excess membership dues, fees, or assessments; and
(7) it qualifies for taxation under Section 1301 of the Tax Reform Act of 1976, Section 528 of the Internal Revenue Code of 1954, as amended, entitled "Certain Homeowners Associations."
Added by Acts 1981, 67th Leg., 1st C.S., p. 138, ch. 13, Sec. 59, eff. Jan. 1, 1982.
Structure Texas Statutes
Subtitle D - Appraisal and Assessment
Chapter 23 - Appraisal Methods and Procedures
Subchapter B. Special Appraisal Provisions
Section 23.11. Governmental Action That Constitutes Taking
Section 23.121. Dealer's Motor Vehicle Inventory; Value
Section 23.1211. Temporary Production Aircraft; Value
Section 23.122. Prepayment of Taxes by Certain Taxpayers
Section 23.123. Declarations and Statements Confidential
Section 23.124. Dealer's Vessel and Outboard Motor Inventory; Value
Section 23.1241. Dealer's Heavy Equipment Inventory; Value
Section 23.1242. Prepayment of Taxes by Heavy Equipment Dealers
Section 23.1243. Refund of Prepayment of Taxes on Fleet Transaction
Section 23.125. Prepayment of Taxes by Certain Taxpayers
Section 23.126. Declarations and Statements Confidential
Section 23.127. Retail Manufactured Housing Inventory; Value
Section 23.128. Prepayment of Taxes by Manufactured Housing Retailers
Section 23.129. Waiver of Certain Penalties
Section 23.13. Taxable Leaseholds
Section 23.135. License to Occupy Dwelling Unit in Tax-Exempt Retirement Community
Section 23.14. Appraisal of Property Subject to Environmental Response Requirement
Section 23.15. Intangibles of an Insurance Company
Section 23.16. Intangibles of a Savings and Loan Association
Section 23.17. Mineral Interest Not Being Produced
Section 23.175. Oil or Gas Interest
Section 23.18. Property Owned by a Nonprofit Homeowners' Organization for the Benefit of Its Members
Section 23.20. Waiver of Special Appraisal
Section 23.21. Property Used to Provide Affordable Housing
Section 23.22. Land Use of Which Is Restricted by Governmental Entity
Section 23.23. Limitation on Appraised Value of Residence Homestead