The 88th Texas Legislative Session has unofficially started with bills that potentially affect property owners associations (POAs) already being filed. Before the session kicks into high gear later this month, let’s look at what has been filed thus far. The bills discussed below were filed prior to December 13, 2022.
HB 614 – Relating to property owners’ association fines
A returning bill from prior legislative sessions. This bill, if passed, would amend Sec. 209.0061 to require POAs to adopt a fining policy with specific provisions and file the policy with the county clerk, post the policy on the POA’s website and annually send a copy of the policy to homeowners within the POA.
HB 330 – Relating to regulation of residential wind power facilities by property owners’ associations
A new bill for this session targeting the use of renewable energy in communities. If passed, this bill would add Section 202.024 to Chapter 202 of the Texas Property Code. The section would generally prohibit POAs from adopting or enforcing an existing provision that prohibits or restricts a property owner from installing a wind power facility of an appropriate residential scale. There are a few provisions within the bill that would allow the POA to restrict the wind power instrument. Also, for developments with fewer than 51 planned residential units, the declarant, during the development period, may prohibit or restrict a property owner from installing a wind power facility.
HB 886 – Relating to requirements to file a property owners’ association assessment lien
This bill would change the requirements for POAs filing assessment liens against property owners. If passed, this bill would amend Sec. 209.0094 which would require certain conditions before a lien could be filed. The POA would be required to provide three separate monthly notices of delinquency by certified mail, return receipt requested, to the property owner’s last known mailing address, as reflected in the records maintained by the POA. The POA would also not be able to file the assessment lien before the 180th day after the third delinquency notice was sent.
HB 378 – Relating to the authority of certain entities and individuals to prevent individuals from accessing private property for the purpose of registering voters or communicating political messages
This bill would amend Chapter 276 of the Texas Election Code to add Section 276.020. Essentially, this bill would prohibit a POA from adopting or enforcing a rule preventing individuals from knocking on the front door of a residential unit, ringing the doorbell of the unit, or leaving a pamphlet, flier, or other form of written communication at the unit for the purpose of registering someone to vote, or disseminating the support or opposition of a candidate, party, or measure. The bill allows a POA to adopt a reasonable restriction on the time, place, or manner of the aforementioned activity.
HB 328 and 329 – Relating to the regulation by a property owners’ association of the installation of solar roof tiles
A procedural bill to clarify that “solar energy device” has the meaning assigned by Section 171.107 of the Tax Code. This bill would not change existing law.
HB 276 Relating to the regulation by a municipality or property owners’ association of food production on single-family residential lots and HB 92 Relating to the authority of a municipality, county, or property owners’ association to prohibit or regulate certain activities on residence homestead property
Finally, our last two bills mark the return of the now infamous chicken bill in its current evolution. HB 276, if passed, would amend Sec. 202.024 of the Property Code and would prohibit POAs of single-family lots from adopting or enforcing a restrictive covenant that prohibits the growing of fruits and vegetables, the raising of six or fewer domestic fowl or six or fewer adult rabbits, and the production of food at a home-based cottage good production operation. The POA would be able to pass reasonable restrictions on the growing of fruits and vegetables on a single-family residential lot that do not have the effect of prohibiting the growing of the fruits or vegetables in the front, side, or rear yard of a residence, including: (1) a requirement that the growing area be maintained in good condition if visible from the street faced by the lot or from an adjoining lot; and (2) a requirement for the trimming or removal of a tree as necessary for the maintenance of a utility easement. The POA would also be able to pass adopt reasonable restrictions on the raising of fowl and rabbits to include a set number on the total animals allowed, prohibitions on raising a rooster, minimum distance of the animal shelter from a residence other than the owner’s own residence, shelter requirements, sanitary restrictions and location restrictions to the side or rear of the residence. This bill would not apply to condominiums governed under Chapter 81 or 82 of the Property Code.
HB 92 would allow for the same prohibitions mentioned above, but also includes prohibitions against the restrictions of solar or wind powered energy devices, underground shelters, rain barrels or a rainwater harvesting system, and standby electric generators.
It remains to be seen what lies ahead for the rest of the 88th Texas Legislative Session. The session begins January 10, 2023. It is expected many more bills will be filed throughout the session, so routinely check in on RMWBH’s website, emails and LinkedIn page for updates throughout the session.
