Texas 2025 - 89th Regular

Texas House Bill HB4265

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the violation of certain laws and provisions of governing instruments by, and the recall by property owners of, a property owners' association board member.

Note

Enacted provisions have significant implications for statutory regulations within property law, potentially setting a precedent for handling governance and member relations in POAs statewide. By empowering property owners, this bill seeks to facilitate a more equitable governance structure within property associations.

Impact

Additionally, the bill provides mechanisms for property owners to take legal action against board members found in violation of their governing principles or laws. Should a board member be found to have breached these laws, affected owners can seek remedies from the justice of the peace, including removal from the board and potential compensation for damages. This aspect of HB 4265 emphasizes the importance of accountability in POA governance and offers redress to owners who may suffer due to a board member's misconduct.

Summary

House Bill 4265 aims to enhance the rights of property owners within property owners' associations (POAs) by introducing specific provisions for the recall of board members and addressing violations by those members. Under this bill, owners holding at least 20% of voting interests in a POA can petition for a special meeting to conduct a recall election for a board member. Once a petition is filed, the association is required to hold the recall election within 90 days, ensuring that association governance remains accountable to its members. This provision empowers property owners to directly influence the leadership of their associations when necessary.

Contention

The introduction of HB 4265 has the potential to stir debate regarding the balance of power between property owners and POA boards. Proponents of the bill argue that it addresses long-standing issues of board member accountability, providing essential checks and balances. However, opponents may express concerns over the feasibility and frequency of recall actions, as well as the implications of increased litigation on the relationships within the community. The bill also stipulates that its provisions only apply to violations occurring on or after its effective date, which may limit its immediate applicability for ongoing issues.

Companion Bills

No companion bills found.

Previously Filed As

TX HB2398

Relating to the governance of property owners' associations.

TX HB5225

Relating to the powers and duties of certain property owners' associations.

TX SB1935

Relating to the composition and operation of a property owners' association board.

TX HB1812

Relating to the maintenance and use of common areas owned by a property owners' association.

TX HB5011

Relating to certain protections for owners in a property owners' association.

TX SB711

Relating to property owners' associations, including condominium unit owners' associations.

TX HB1349

Relating to property owners' associations, including condominium unit owners' associations.

TX SB2629

Relating to organization of, meetings of, and voting by condominium unit owners' associations and property owners' associations.

TX HB1926

Relating to organization of, meetings of, and voting by condominium unit owners' associations and property owners' associations.

TX HB1219

Property; require new property owners' associations to be subject to Georgia Property Owners' Association Act

Similar Bills

CA SB1352

Property taxation: newly constructed: reconstructed property.

CA AB245

Property taxation: application of base year value: disaster relief.

CA SB1053

Property taxation: transfer of base year value: disaster relief.

HI HB1398

Relating To Property.

HI HB1398

Relating To Property.

CA SB603

An act to amend Section 69 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.

TX HB2011

Relating to the right to repurchase from a condemning entity certain real property for which ad valorem taxes are delinquent.