Community Association Law

Law changes affecting Property Owners Associations (POAs)

Please note these laws do not apply to condominiums. Underlined portions are new or revised.

Sec. 209.002. DEFINITIONS.

In CHAPTER 209 - TEXAS RESIDENTIAL PROPERTY OWNERS PROTECTION ACT:
**The change from certified to verified seems linked to a change of measuring time from the date something is sent by the HOA instead of the date received by the owner.

(13) "Verified mail" means any method of mailing for which evidence of mailing is provided by the United States Postal Service or a common carrier.

Sec. 209.0041. ADOPTION OR AMENDMENT OF CERTAIN DEDICATORY INSTRUMENTS.

**Before 2011, some subdivisions couldn't amend their declarations because amendments had to be approved by extraordinarily high percentages of owners. Enacted in 2011, Sec. 209.0041 capped approvals at 67% of total votes allocated to owners if the declaration required more than 67%. Uncertainty arose for subdivisions created with different voting populations, such as "only patio home owners vote on amendments of patio home provisions." This tries to fix the uncertainty by limiting the 67% to property owners entitled to vote on the amendment of the declaration, in addition to any governmental approval required by law."

(a) Repealed.

(b) This section applies to a residential subdivision in which property owners are subject to mandatory membership in a POA.

. . .

(f) This section supersedes any contrary requirement in a dedicatory instrument.

(h) Except as provided by Subsection (h-1) or (h-2), a Declaration may be amended only by a vote of 67 percent of the total votes allocated to property owners entitled to vote on the amendment of the declaration, in addition to any governmental approval required by law.

(h-1) If the declaration contains a lower percentage than prescribed by Subsection (h), the percentage in the declaration controls.

(h-2) If the declaration is silent as to voting rights for an amendment, the declaration may be amended by a vote of owners owning 67 percent of the lots subject to the declaration.

Sec. 209.0051. OPEN BOARD MEETINGS.

**Confirms that the Board may conduct meetings by electronic or telephonic means, provided the directors can communicate with each other and provided all owners "in attendance at the meeting" can hear all the directors, except when they're in executive session. No change to notice requirements.

This law substantially re-writes Subsection (h) to address "taking action outside of a meeting", while eliminating Chapter 209's authorization for unanimous written consents. In place of requiring the directors to speak to and hear one another (two-way discussion which may lead to consensus), each director must have a reasonable opportunity to express his/her opinion (one-way) and vote. Doubles the list of actions that can't be taken outside of an open meeting.
. . .
(b) In this section, “board meeting":

(1) means a deliberation between a quorum of the voting board of the POA, or between a quorum of the voting board and another person, during which POA business is considered and the board takes formal action.

. . .
(c) Regular and special board meetings must be open to owners, subject to the right of the board to adjourn a board meeting and reconvene in closed executive session to consider actions involving personnel, pending or threatened litigation, contract negotiations, enforcement actions, confidential communications with the POA’s attorney, matters involving the invasion of privacy of individual owners, or matters that are to remain confidential by request of the affected parties and agreement of the board. Following an executive session, any decision made in the executive session must be summarized orally and placed in the minutes, in general terms, without breaching the privacy of individual owners, violating any privilege, or disclosing information that was to remain confidential at the request of the affected parties. The oral summary must include a general explanation of expenditures approved in executive session. (c-1) Except for a meeting held by electronic or telephonic means under subsection (c-2), a board meeting must be held in a county in which all or part of the property in the subdivision is located or in a county adjacent to the county. (c-2) A board meeting may be held by electronic or telephonic means provided that:
(1) Each board member may hear and be heard by every other board members;

(2) Except for any portion of the meeting conducted in executive session:
a. All owners in attendance at the meeting may hear all board members; and
b. Owners are allowed to listen using any electronic or telephonic communication method used or expected to be used by a board member to participate; and
(3) The notice of the meeting includes instructions for owners to access any communication method required to be accessible under Subsection (2)(B)
. . . .
(h) Except as provided by this subsection, a board may take action outside of a meeting, including voting by electronic or telephonic means, without prior notice to owners under Subsection (e), if each board member is given a reasonable opportunity to express the board member’s opinion to all other board members and to vote. Any action taken without notice to owners under Subsection (e) must be summarized orally, including an explanation of any known actual or estimated expenditures approved at the meeting, and documented in the minutes of the next regular or special board meeting. The board may not, unless done in an open meeting for which prior notice was given to owners under Subsection (e), consider or vote on: (note – written unanimous consent removed from this section)

(1) fines;
(2) damage assessments;
(3) initiation of foreclosure actions;
(4) initiation of enforcement actions, excluding temporary restraining orders or violations involving a threat to health or safety;
(5) increases in assessments;
(6) levying of special assessments;
(7) appeals from a denial of architectural control approval;
(8) a suspension of a right of a particular owner before the owner has an opportunity to attend a board meeting to present the owner's position, including any defense, on the issue;
(9) lending or borrowing money;
(10) the adoption of amendment of a dedicatory instrument;
(11) the approval of an annual budget or the approval of an amendment of an annual budget that increases the budget by more than 10 percent;
(12) the sale or purchase of real property;
(13) the filling of a vacancy on the board;
(14) the construction of capital improvements other than the repair, replacement, or enhancement of existing capital improvements; or
(15) the election of an officer.


Sec. 209.0056. NOTICE OF ELECTION OR ASSOCIATION VOTE.

**Enacted in 2011, Section 209.0056 requires the POA to give owners prior notice of the election or vote. This doesn't change the 10-60 day notice for votes to be cast at a meeting. What's new pertains to voting outside of a meeting - owners must be given notice at least 20 days before the last date on which ballots may be submitted.

(a) For an election or vote taken at a meeting of the owners, not later than the 10th day or earlier than the 60th day before the election or vote, a POA shall give written notice of the election or vote to:
. . .
(a-1) For an election or vote not taken at a meeting, the POA shall give notice of the election or vote to all owners entitled to vote on any matter under consideration. The notice shall be given not later than the 20th day before the latest date on which a ballot may be submitted to be counted.

Sec. 209.0057. RECOUNT OF VOTES.

**Enacted in 2011, Section 209.0057 allows an owner to challenge a vote of members by demanding a recount, which must be done by an official hired by the POA, at the expense of the owner who demands the recount. This bill adds amends procedures and deadlines for dealing with the recount request. Essentially, POA must have full prepayment in hand before initiating a recount. Other changes to Section 209.0057 are subsections clarifying fixes. Allows owner to use "verified mail" (instead of certified) to demand and adds 4 subsections recount. Recount must be completed and the POA must provide each owner who requested the recount with notice of the results of the recount. POA has 30 days to refunds owner who requested recount if the recount changes the results of an election.

(a) This section does not apply to a POA that is subject to Chapter 552, Government Code, by application of Section 552.0036, Government Code.

(b) Any owner may, not later than the 15th day after the later of the date of any meeting of owners at which the election or vote was held or the date of the announcement of the results of the election or vote, require a recount of the votes. A demand for a recount must be submitted in writing either:

(1) by verified mail or by delivery by the United States Postal Service with signature confirmation service to the POA’s mailing address as reflected on the latest management certificate filed under Section 209.004; or

(2) in person to the POA’s managing agent as reflected on the latest management certificate filed under Section 209.004 or to the address to which absentee and proxy ballots are mailed.

(b-1) The POA must estimate the costs for performance of the recount by a personal qualified to tabulate votes under Subsection (c) and must send an invoice for the estimated costs to the requesting owner at the owner's last known address according to association records not later than the 20th day after the date the association receives owner's demand for the recount.

(b-2) The owner demanding a recount under this section must pay the invoices described by Subsection (b-l) in full to the POA on or before the 30th day after the date the invoice is sent to the owner.

(b-3) If the invoice described by Subsection (b-1) is not paid by the deadline prescribed by Subsection (b2), the owner's demand for a recount is considered withdrawn and a recount is not required.

(b-4) If the estimated costs under Subsection (b-1) are lesser or greater than the actual costs the POA must send a final invoice to the owner on or before the 30th business day after the date the results of the recount are provided. If the final invoice includes, additional amounts owed by the owner, any additional amounts not paid to the association before the 30th business day after the date the invoice is sent to the owner may be added to the owner's account as an assessment. If the estimated costs exceed the final invoice amount, the owner is entitled to a refund. The refund shall be paid to the owner at the time the final invoice is sent under this subsection.

(c) Following receipt of payment under Subsection (b-2), the POA shall, at the expense of the owner requesting the recount, retain for the purpose of performing the recount, the services of a person who…
. . .

(d) On or before the 30th day after the date of receipt of payment for a recount in accordance with Subsections (b-2), the recount must be completed and the POA must provide each owner who requested the recount with notice of the results of the recount. If the recount changes the results of the election, the association shall reimburse the requesting owner for the cost of the recount not later than the 30th day after the date the results of the recount are provided. . .

Sec. 209.0058. BALLOTS.

**The 2011 POA Reform Laws outlawed the much revered secret ballot by requiring owners to sign their ballots (anti-fraud), which must then be sealed so no one can see how someone voted (to prevent retaliation). It was a 2011 trade-off in negotiating a complicated bill. Elimination of secret ballots isn't popular with homeowners who don't trust the security of signed ballots. The new revisions restore the option of secret ballots if the POA has a system for making sure homeowners don't stuff the ballot box.

**This is a major re-write of Sec. 209.0058 (titled "Ballots"), enacted in 2011, requiring that all ballots be signed period. Homeowners didn't like giving up their sacred secret ballots. The 2015 addition of Subsection (d) restores voting by secret ballot under certain conditions - essentially requiring the POA to guard against fraud, otherwise, ballots must be signed by the voter. It should be as simple as one or the other, signed or secret. But, it gets complicated. The law lists 5 types of votes requiring signed ballots if the POA doesn't facilitate secret ballots: (1) votes outside a meeting, (2) election of directors, (3) adoption or amendment of dedicatory instruments, (4) increases in regular assessments or adoption of special assessments, and (5) removal of directors. For votes that are not listed, ballots may be signed or secret - doesn't say if the choice belongs to the POA or the owner. This law also allows a board candidate to appoint someone to watch the counting of secret ballots.

Two Versions of New Subsection (a) of 209.0058

(a) Except as provided by Subsection (d), any vote cast in an election or vote by a member of a POA must be in writing and signed by the member.

(a) Except as provided by Subsection (d), a vote cast by a member of a POA must be in writing and signed by the member if the vote is cast:

(1) outside of a meeting;

(2) in an election to fill a position on the board;

(3) on a proposed adoption or amendment of a dedicatory instrument;

(4) on a proposed increase in the amount of a regular assessment or the proposed adoption of a special assessment; or

(5) the proposed removal of a board member.

(a-1) If the POA elects to use a ballot for a vote on a matter other than a matter described by Subsection (a), the ballot must be:

(1) in writing and signed by the member; or
(2) cast by secret ballot in accordance with Subsection (d).

Two Versions of New Subsection (d) of 209.0058

(d) A POA may adopt rules to allow voting by secret ballot by members of the association. The association must take measures to reasonably ensure that:

(1) a member cannot cast more votes than the member is eligible to cast in an election or vote; and

(2) the association counts every vote cast by a member that is eligible to cast a vote.

(d) A POA may adopt rules to allow voting by secret ballot by association members. The association must take measures to reasonably ensure that:

(1) a member cannot cast more votes than the member is eligible to cast in an election or vote;

(2) the association counts every vote cast by a member that is eligible to cast a vote; and

(3) in any election for the board, each candidate may name one person to observe the counting of the ballots, provided that this does not entitle any observer to see the name of the person who cast any ballot, and that any disruptive observer may be removed.

Sec. 209.00591. BOARD MEMBERSHIP

**Before 2011, most POA bylaws had criteria for service on the board, such as being current in assessments, term limits, being unrelated to other directors. Enacted in 2011, Sec. 209.00591 voids all provisions in POA documents that could be used to disqualify an owner from serving on the POA board (except for criminal convictions). This bill allows POA bylaws to require directors to be residents of the subdivision, so long all directors are not required to live in the community.

(a) Except as provided by this section, a provision in a dedicatory instrument that restricts a property owner's right to run for a position on the board of the POA is void.

(a-1) Notwithstanding any other provision of this chapter, a POA’s bylaws may require one or more board members to reside in the subdivision, subject to the dedicatory instruments but may not require all board members to reside in that subdivision. A requirement described by this subsection is not applicable during the development period.

(b) If a board is presented with written, documented evidence from a database or other record maintained by a governmental law enforcement authority that a board member was convicted of a felony or crime involving moral turpitude not more than 20 years before the date the board is presented with the evidence, the board member is immediately ineligible to serve on the board of the POA, automatically considered removed from the board, and prohibited from future service on the board.

Sec. 209.00592. VOTING; QUORUM.

**In 2011, Chapter 209 acquired procedures for different voting methods. By adding this one sentence, the law clarifies that Chapter 209 doesn't require the POA to offer multiple methods of voting. Unless a dedicatory instrument states otherwise, a POA is not required to provide an owner with more than one voting method so long as an owner may vote by absentee ballot or proxy. Also, board nominations from the floor of an election meeting don't disqualify absentee ballots marked before the meeting - before all nominees were known.

(a) Subject to Subsection (a-1), the voting rights of an owner may be cast or given:

(1) in person or by proxy at a meeting of the POA;
(2) by absentee ballot in accordance with this section;
(3) by electronic ballot in accordance with this section; or
(4) by any method of representative or delegated voting provided by a dedicatory instrument.

Two Versions of New Subsection (a-1) of 209.00592

(a-1) Unless a dedicatory instrument provides otherwise, a POA is not required to provide an owner with more than one voting method so long as an owner may vote by absentee ballot or proxy.

(a-1) Except as provided by this subsection, unless a dedicatory instrument provides otherwise, a POA is not required to provide an owner with more than one voting method. An owner must be allowed to vote by absentee ballot or proxy.

(b) An absentee or electronic ballot…

(b-1) For purposes of Subsection (b), a nomination taken from the floor in a board member election is not considered an amendment to the proposal for the election.

Sec. 209.00593. ELECTION OF BOARD MEMBERS.

** Every subdivision with 100 or more lots that sends election ballots to owners MUST affirmatively invite all owners to run for the board and must name all responders as candidates on the ballot. The law has detailed procedures and methods for communicating with owners. Presumably, this doesn't apply when all voting is done at a meeting.

. . .

(a-1) At least 10 days before the date a POA composed of more than 100 lots disseminates absentee ballots or other ballots to association members for the purpose of voting in a board member election the association must provide notice to the association members soliciting candidates interested in running for a position on the board. The notice must contain instructions for an eligible candidate to notify the association of the candidates request to be placed on the ballot and the deadline to submit the candidate’s request. The deadline may not be earlier than the 10th day after the date of association provides the notice required by this subsection.

(a-2) The notice required by Section (a-1) must be:

(1) mailed to each owner; or
(2) provided by:


(A) posting the notice in a conspicuous manner reasonably designed to provide notice to association members:

(i) in a place located on the association's common property or, with the property owner's consent, on other conspicuously located privately owned property within the subdivision; or
(ii) on any Internet website maintained by the association or other Internet media; and

(B) sending the notice by e-mail to each owner who has registered an e-mail address with the association.

(a-3) An association described by Subsection (a-1) shall include on each absentee ballot or other ballot for a board member election the name of each eligible candidate from whom the association received a request to be placed on the ballot.

Sec. 209.00594. TABULATION OF AND ACCESS TO BALLOTS.

**Enacted in 2011, Section 209.00594 regulates the handling of signed ballots. This confirms that the person who tabulates or recounts ballots must not tell a living soul how someone votes. Also adds that the duty for secrecy doesn't prevent the release of election records under court order.

(a) Notwithstanding any other provision of this chapter or any other law, a person who is a candidate in a POA election or who is otherwise the subject of an association vote, or a person related to that person within the third degree by consanguinity or affinity, as determined under Chapter 573, Government Code, may not tabulate or otherwise be given access to the ballots cast in that election or vote except as provided by this section.

(b) A person other than a person described by Subsection (a) may tabulate votes in an association election or vote.

(b-1) A person who tabulates votes under Subsection (b) or who performs a recount under Section 209.0057(c) may not disclose to any other person how an individual voted.

(c) Notwithstanding any other provision of this chapter or any other law, only a person who tabulates votes under Subsection (b) or who performs a recount under Section 209.0057(c), may be given access to the ballots cast in the election or vote.

(d) This section may not be construed to affect a person’s obligation to comply with a court order for the release of ballots or other voting records.

Sec. 209.006. NOTICE REQUIRED BEFORE ENFORCEMENT ACTION.

** Major change of "violation enforcement" law. Creates 2 types of violations - curable and uncurable - with examples of each. Also adds concept of violations that are a "threat to public health or safety" (having nothing to do with either the "public" or damage to pets or property).

(a) Before a POA may suspend an owner's right to use a common area, file a suit against an owner other than a suit to collect a regular or special assessment or foreclose under an association's lien, charge an owner for property damage, or levy a fine for a violation of the restrictions or bylaws or rules of the association, the association or its agent must give written notice to the owner by certified mail, return receipt requested.

(b) The notice must:

(1) describe the violation or property damage that is the basis for the suspension action, charge, or fine and state any amount due the association from the owner; and

(2) except as provided by Subsection (d), inform the owner that the owner:

(A) is entitled to a reasonable period to cure the violation and avoid the fine or suspension if the violation is of a curable nature and does not pose a threat to public health or safety unless the owner was given notice and a reasonable opportunity to cure a similar violation within the preceding six months;
(B) may request a hearing under Section 209.007 on or before the 30th day after the notice was mailed to the owner; and
(C) may have special rights or relief related to the enforcement action under federal law, including the Servicemembers Civil Relief Act (50 U.S.C. App. Section 501 et seq.), if the owner is serving on active military duty.

(3) specify the date by which the owner must cure the violation if the violation is of a curable nature and does not pose a threat to public health or safety; and

(4) be sent by verified mail to the owner at the owner’s last known address as shown on the association records.

(c) The date specified in the notice under Subsection (b)(3) must provide a reasonable period to cure the violation if the violation is of a curable nature and does not pose a threat to public health or safety.

(d) Subsections (a) and (b) do not apply to a violation for which the owner has been previously given notice under this section and the opportunity to exercise any rights available under this section in the preceding six months.

(e) If the owner cures the violation before the expiration of the period for cure described by Subsection (c), a fine may not be assessed for the violation.

(f) For purposes of this section, a violation is considered a threat to public health or safety if the violation could materially affect the physical health or safety of an ordinary resident.

(g) For purposes of this section, a violation is considered uncurable if the violation has occurred but is not a continuous action or a condition capable for being remedied by affirmative action. For purposes of this subsection, the nonrepetition of a one-time violation or other violation that is not ongoing is not considered an adequate remedy.

(h) The following are examples of acts considered uncurable for purposes of this section:

(1) shooting fireworks;
(2) an act constituting a threat to health or safety;
(3) a noise violation that is not ongoing;
(4) property damage, including the removal or alteration of landscape; and
(5) holding a garage sale or other event prohibited by a dedicatory instrument.

(i) The following are examples of acts considered curable for the purposes of this section:

(1) A parking violation;
(2) A maintenance violation;
(3) The failure to construct improvements or modifications in accordance with approved plans and specifications; and
(4) An ongoing noise violation such as a barking dog.

Sec. 209.0062. ALTERNATIVE PAYMENT SCHEDULE FOR CERTAIN ASSESSMENTS.

**Clarifies the limited circumstances under which the POA is not required to negotiate a payment plan with a delinquent owner.. . .

(c) A POA is not required to allow a payment plan for any amount that extends more than 18 months from the date of the owner's request for a payment plan. The association is not required to enter into a payment plan with an owner who failed to honor the terms of a previous payment plan during the two years following the owner's default under the previous payment plan. The association is not required to make a payment plan available to an owner after the period for cure described in Section 209.0064(b)(3) expires. The association is not required to allow an owner to enter into a payment plan more than once in any 12- month period.

Sec. 209.0064. THIRD PARTY COLLECTIONS.

** Exempts small subdivisions (14 or fewer lots) from the requirement to offer payment plans to delinquent owners.

. . . (b) A POA may not hold an owner liable for fees of a collection agent retained by the POA unless the association first provides written notice to the owner by certified mail, return receipt requested, that:

(1) specifies each delinquent amount and the total amount of the payment required to make the account current;

(2) if the association is subject to Section 209.0062 (i.e. 15 lots or more) or the association’s dedicatory instruments contain a requirement to offer a payment plan, describes the options the owner has to avoid having the account turned over to a collection agent, including information regarding availability of a payment plan through the association …

Sec. 209.009. FORECLOSURE SALE PROHIBITED IN CERTAIN CIRCUMSTANCES.

**A POA may not foreclose a POA’s assessment lien if the debt securing the lien consists solely of certain charges, such as fines and (new) the cost of an election recount.

Sec. 209.0091. PREREQUISITES TO FORECLOSURE: NOTICE AND OPPORTUNITY TO CURE FOR CERTAIN OTHER LIENHOLDERS.

** Tweaks the procedures to give lienholders a pre-foreclosure notice and opportunity to cure the homeowner's debt to the POA before the POA can foreclose its assessment lien.

(a) A POA may not file an application for an expedited court order authorizing foreclosure of the association's assessment lien as described by Section 209.0092(a) or a petition for judicial foreclosure of the association's assessment lien as described by Section 209.0092(d) unless the association has:

(1) provided written notice of the total amount of the delinquency giving rise to the foreclosure to any other holder of a lien of record on the property whose lien is inferior or subordinate to the association's lien and is evidenced by a deed of trust; and

(2) provided the recipient of the notice an opportunity to cure the delinquency before the 61st day after the date the association mails recipient receives the notice described in Subsection (1).

(b) Notice under this section must be sent by certified mail, return receipt requested, to the address for the lienholder shown in the deed records relating to the property that is subject to the POA assessment lien.

(c) Notwithstanding any other law, notice under this section may be provided to any holder of a lien of record on the property.

Sec. 209.0092. JUDICIAL FORECLOSURE REQUIRED.

**A POA whose dedicatory instruments grant a right of foreclosure is considered to have a power of sale – non-judicial foreclosure is now permitted in all POAs which have the right to foreclose. Also confirms that a POA is not required to use the new statutory power of sale, and may choose to foreclose judicially.

(a) Except as provided by Subsection (c) or (d) and subject to Section 209.009, a POA may not foreclose a POA assessment lien unless the association first obtains a court order in an application for expedited foreclosure under the rules adopted by the supreme court under Subsection (b). A POA may use the procedure described by this subsection to foreclose any lien described by the association's dedicatory instruments. A POA whose dedicatory instruments grant a right of foreclosure is considered to have any power of sale required by law as a condition of using the procedure described by this subsection.

(b) The supreme court, as an exercise of the court's authority under Section 74.024, Government Code, shall adopt rules establishing expedited foreclosure proceedings for use by a POA in foreclosing an assessment lien of the association. The rules adopted under this subsection must be substantially similar to the rules adopted by the supreme court under Section 50(r), Article XVI, Texas Constitution.

(c) Expedited foreclosure is not required under this section if the owner of the property that is subject to foreclosure agrees in writing at the time the foreclosure is sought to waive expedited foreclosure under this section. A waiver under this subsection may not be required as a condition of the transfer of title to real property.

(d) A POA authorized to use the procedure described by Subsection (a) may in its discretion elect not to use that procedure and instead foreclose the association’s assessment lien under court judgment foreclosing the lien and ordering the sale, pursuant to Rules 309 and 646a, Texas Rules Civil Procedure.

(e) This section does not affect any right an association that is not authorized to use the procedure described Subsection (a) may have to judicially foreclose the association’s assessment lien as described by Subsection (d).

Sec. 209.016. REGULATION OF RESIDENTIAL LEASES OR RENTAL AGREEMENTS.

**Prevents subdivision POAs from approving tenants, leases, and rental applications. The POA cannot require a copy of a tenant's credit report. If the POA requires a copy of the lease, “sensitive personal information" may (not must) be redacted.

New Section

(a) In this section "sensitive personal information" means an individual's:

(1) social security number;
(2) driver's license number;
(3) government-issued identification number; or
(4) account, credit card. or debit card number.

(b) A POA may not adopt or enforce a provision in a dedicatory instrument that:

(1) requires a lease or rental applicant or a tenant to be submitted to and approved for tenancy by the POA; or

(2) requires the following information to be submitted to a POA regarding a lease or rental applicant or current tenant:

(A) a consumer or credit report; or

(B) a lease or rental application submitted by the applicant, tenant, or that person’s agent to the property owner or property owner’s agent when applying for tenancy.


(d) Except as provided by Subsection (b), nothing in this section shall be construed to prohibit the adoption or enforcement of a provision in a dedicatory instrument establishing a restriction relating to occupancy or leasing.

Miscellaneous changes applicable to POAs.

Amends Section 202.010(f) of the Texas Property Code. DEVELOPMENT PERIOD - SOLAR DEVICE EXEMPTION.
**The 2011 POA Reform Laws protect the rights of homeowners to install solar devices on their homes, subject to some POA controls, and subject to the developer's right to restrict or prohibit solar panels during the "development period." Now, the development period exemption is limited to developments with less than 51 units or lots.

Adds 202.019 to the Texas Property Code. USES - GENERATORS.
**Standby electric generators are popular in hurricane-prone areas. This law protects homeowners’ use of generators during power outages while allowing POAs to adopt certain requirements and restrictions to control location, appearance, and quality of installation.

Amends 430.002 of the Transport Code USES - STREET SIGNS.
**A 2011 law allows POAs to put speed feedback signs on public roads within "its jurisdiction" if the POA pays for the sign and maintenance. This law does the same for solar-powered LED stop signs.