![]() ![]() is attached to a traffic control device, street lamp, fire hydrant, utility sign, pole, or fixture.Ģ02.022 TPC, Swimming Pool Enclosures. Under this new section, a POA may not adopt or enforce a provision that prohibits or restricts a property owner from installing a swimming pool enclosure in accordance with state or local safety requirements.violates any applicable building line, right-of-way, setback, or easement or.contains language, graphics, or any display that is patently offensive to a passerby for reasons other than its religious content.violates a law other than a law prohibiting the display of religious speech.threatens the public’s health or safety.However, the amended law does allow a POA to prohibit a religious display on an owner’s property if the display: Previously the prohibition applied only to an owner’s dwelling, not the whole property. 1588 is organized by TPC section and subject matter for easy reference to the revised statutory provisions.Ģ02.006 TPC, Collection of Regular Assessment. A new subsection (c) was added to prohibit POAs from collecting regular assessment amounts if the dedicatory instrument authorizing the assessment is not filed in the real property records of the county in which the property is located.Ģ02.018 TPC, Display of Religious Items. This section was amended to prohibit POAs from enacting rules, covenants, or bylaws that prohibit the display of religious items anywhere on an owner’s property. The following summary of the provisions of S.B. This allows a prospective buyer to review existing rules and requirements on a piece of property located in a POA before buying the property. POAs are required by statute to file all dedicatory instruments in the real property records of the county where the property is located. ” It includes restrictive covenants, bylaws, adopted rules and regulations of a POA, and any amendments to those documents. ![]() Many of the provisions in the law limit what can or cannot be in the POA’s dedicatory instruments, which Section 202.006 of the TPC defines as any document “governing the establishment, maintenance, or operation of a residential subdivision. Perhaps some members of the Legislature live in subdivisions run by overzealous HOAs because many of these changes give more rights to the property owners and demand more accountability and transparency from the POAs. 1588, which amended Chapters 202-209 of the Texas Property Code (TPC) to clarify and refine certain POA powers and duties. Many feel POA boards overreach, especially when determining what property owners can do with their own property.Īlthough POAs are not licensed or regulated by any state agency, there are laws that apply to them and their dedicatory instruments.ĭuring the 87 th regular session, the Texas Legislature passed S.B. When people talk about their subdivision’s property owners’ association (POA), also referred to in Texas as a homeowners’ association (HOA), handwringing or eye-rolling is usually involved. ![]()
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