The CAI Board of Trustees recently reauthorized the CAI Texas Legislative Action Committee, representing a new direction for legislative efforts in the state with a nonpartisan, nonprofit advocacy group.
Texas joins 35 other U.S. states with legislative action committees dedicated to CAI’s advocacy mission: Advancing, defending, protecting, and strengthening public policy for the community association housing model. Volunteer leaders and CAI chapters throughout Texas are working together to represent the more than 6 million homeowners living in 49,500 community associations in the state. CAI is no longer affiliated with Texas Community Association Advocates.
In 2021, the Texas Legislature passed bills that made extensive changes to the powers and responsibilities of property owners associations and homeowners associations. Several notable bills that impact community associations passed. They include:
- SB 1588 – Relating to the powers and duties of certain property owners associations. This legislation includes: requirements for management certificates listed in the Texas Real Estate Commission (TREC) to include contact information; requires larger owners organizations (60+ lots and/or uses a management company) to have a web presence that is accessible by members; caps resale certificates; makes board members (and their spouses and co-residents) ineligible to serve on the architectural review committee; and increases the notice requirement for board meetings to be at least six days prior (special board meetings will require three days’ notice). This bill creates requirements for owners associations to follow a bidding process for contracts greater than $50,000; specifies regulations on private swimming pool enclosures/fences; and includes language regarding homeowners’ rights to install security measures. Finally, the bill creates new requirements for owners organizations to notify individuals who are delinquent in their assessments or in violation of other rules, alters proceedings for hearings requested by owners, and outlines the information that an owners organization may obtain on lease or rental applicants. This legislation was effective on Sept. 1.
- SB 318 – Relating to the records of certain condominium unit owners. This legislation requires condominiums to make books and records, including financial records, open to and available for examination by unit owners. This bill outlines procedures to request either the inspection or production of certain association records and requires condominiums to adopt policies for records production/copying and document retention. This legislation was effective Sept. 1.
- SB 581 – Relating to regulation by a property owners association of certain religious displays. This legislation prohibits owners organizations from barring religious items on or in the property, except if the items threaten public safety, violate a law, are offensive, or are installed in common or shared areas or in violation of any applicable building line, right-of-way, setback, or easement. This legislation was effective May 31.
To view the full 2021 end of session legislative report, visit www.caionline.org/texas.
For more information or to get involved with the CAI Texas Legislative Action Committee, email your chapter executive director.
Austin Chapter: Robbie Williams, robbie@caiaustin.org
Dallas/Fort Worth Chapter: James Nicholson, office@dfwcai.org
Greater Houston and San Antonio Chapters: Jesus Azanza, jazanza@caihouston.org or ced@caisa.org.
