Specific Objectives
To amend or repeal Texas Property Code Chapters 204 and 209.
To enact legislation that provides for the immediate needs of homeowners:
- To allow property owners a clear, unambiguous, and realistic right to easily access Homeowner Association records without cost, along with a required meaningful penalty upon Homeowner Association Board members, management companies, and attorneys who fail to comply with such requests.
- To eliminate the ability to create Homeowner Associations with mandatory membership or to enforce Deed Restrictions where no mandatory Homeowner Association existed or any such restrictive covenants have expired without 100% of property owners in agreement.
- To require that all meetings of the Association Board shall be open to all homeowners and guests.
- To require Homeowner Associations to accept partial payments which shall be applied first to dues and assessments before being applied to fines or penalties.
- To guarantee property owners the right to cast their votes and have them counted regardless of the property owner's standing with the Homeowner's Association.
- To allow the media to attend any meetings.
To obtain rights for property owners to maintain their own property without interference by Homeowners Associations, subject only to:
- Local government regulations,
- Deed restrictions recorded at the time of closing on the property, or
- Modifications that lessen or terminate the restrictive covenants.
To restrict Homeowner Associations as follows:
- Only property owners as listed on the Fee Simple Title shall be eligible for the Board.
- Fee collection shall not involve attorneys but can be settled in small claims court.
- Management companies shall not usurp the authority of the board, nor shall it apply pressure to adopt policies beneficial to management companies and attorneys.
- Foreclosure, as a means to collect fees or assessments, shall not be allowed.
- No Fee(s) shall be assessed for deed restriction violations by the HOA.
- All records shall be retained for 7 years within the boundaries of the Association.
- All meetings shall be held within the Association's boundaries.
- Homeowners shall have equal access to the HOA newsletter/newspaper/website.
- Homeowners shall have access to the "owners of record" list for a pass-through fee for copies.
- No fee shall be charged to the homeowner for processing an architectural application.
- The fee for a Resale Certificate shall not exceed $20.00.
To clarify that the Community Associations Institute is a Business Trade Organization fostering the interests of its industry and own members. It does not represent the interests of homeowners.
