Sec. 551.0015. CERTAIN PROPERTY OWNERS' ASSOCIATIONS SUBJECT TO LAW.
(a) A property owners' association is subject to this chapter in the same manner as a governmental body:
(1) if:
(A) membership in the property owners' association is mandatory for owners or for a defined class of owners of private real property in a defined geographic area in a county with a population of 2.8 million or more or in a county adjacent to a county with a population of 2.8 million or more;
(B) the property owners' association has the power to make mandatory special assessments for capital improvements or mandatory regular assessments; and
(C) the amount of the mandatory special or regular assessments is or has ever been based in whole or in part on the value at which the state or a local governmental body assesses the property for purposes of ad valorem taxation under Section 20, Article VIII, Texas Constitution; or
(2) if the property owners' association:
(A) provides maintenance, preservation, and architectural control of residential and commercial property within a defined geographic area in a county with a population of 2.8 million or more or in a county adjacent to a county with a population of 2.8 million or more; and
(B) is a corporation that:
(i) is governed by a board of trustees who may employ a general manager to execute the association's bylaws and administer the business of the corporation;
(ii) does not require membership in the corporation by the owners of the property within the defined area; and
(iii) was incorporated before January 1, 2006.
(b) The governing body of the association, a committee of the association, and members of the governing body or of a committee of the association are subject to this chapter in the same manner as the governing body of a governmental body, a committee of a governmental body, and members of the governing body or of a committee of the governmental body.
Added by Acts 1999, 76th Leg., ch. 1084, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1367 (H.B. 3674), Sec. 1, eff. September 1, 2007.
Structure Texas Statutes
Title 5 - Open Government; Ethics
Subchapter A. General Provisions
Section 551.0015. Certain Property Owners' Associations Subject to Law
Section 551.002. Open Meetings Requirement
Section 551.0035. Attendance by Governmental Body at Legislative Committee or Agency Meeting
Section 551.004. Open Meetings Required by Charter
Section 551.005. Open Meetings Training
Section 551.006. Written Electronic Communications Accessible to Public