RMWBH Law – A Full Service Law FirmRMWBH Law – A Full Service Law FirmRMWBH Law – A Full Service Law FirmRMWBH Law – A Full Service Law Firm
  • HOME
  • OUR FIRM
    • MISSION, VISION AND VALUES
    • BOARD CERTIFIED ATTORNEYS
    • LOCATIONS
  • ATTORNEYS
  • PRACTICE AREAS
    • COMMUNITY ASSOCIATION LAW
    • CONSTRUCTION LAW
    • CORPORATE, SECURITIES, AND BUSINESS LAW
    • CYBER RISK
    • LABOR AND EMPLOYMENT
    • LITIGATION
      • APPELLATE
      • ARBITRATION
      • COMMERCIAL LITIGATION
      • INSURANCE DEFENSE
      • FIDUCIARY LITIGATION
      • PROFESSIONAL LIABILITY
    • REAL ESTATE PRACTICE
      • LAND USE
      • REAL ESTATE DEVELOPMENT
      • REAL ESTATE FINANCING
      • REAL ESTATE TRANSACTION
  • PUBLICATIONS
    • BLOG
      • CORPORATE LAW BLOG
      • PROPERTY OWNERS ASSOCIATION BLOG
      • REAL ESTATE BLOG
    • COMMUNITY ASSOCIATION NEWSLETTER
    • IN THE NEWS
    • WEBINARS
    • SINGLE-FAMILY PROPERTY CODE BOOK
    • CONDOMINIUM PROPERTY CODE BOOK
  • EDUCATION
  • CAREERS
  • CONTACT US
  • MAKE A PAYMENT
NextPrevious

How the POA Industry has Responded to a More Active Legislature

By Clint Brown | Community Association Newsletter, Community Associations, Condominiums, Property Owners Association | Comments are Closed | 29 May, 2024 | 0

Put together the letters P, O, and A and you will have created an acronym with negative connotations for many people across the United States. As a result, state legislatures in many states are increasing regulations against an industry designed to be self-regulated by its members to protect property values. Moving into the Lone Star State, over the last several legislative sessions, the legislature has been actively involved in attempts to increase legislation. Fortunately, the Texas POA industry has responded in various ways to ensure it is abiding by the new laws and its concerns are heard and addressed by legislators.

Policies

The increasing interest in the regulation of POAs by the Texas Legislature has led to several laws, including SB 1588 from 2021, that required POAs to drastically change the way certain regulations are enforced or adopt new ways of enforcing new regulations in order to maintain compliance with state law. The way POAs have chosen to approach this has been in the form of policies. Policies give POAs the ability to provide guidelines and a framework for homeowners on what is allowed within the POA and overcome the likelihood of not reaching the threshold of voting homeowners needed to approve a change to the deed restrictions. They should be drafted by POA attorneys that are best suited to interpret these new laws. This is because most policies get drafted to not only state the law but to also clarify any ambiguity that has cropped up in the new laws and give homeowners the necessary details to ensure compliance.  But the increasing need for policies due to legislative action comes with side effects.

Since 2021, some POAs have been forced to adopt as many as 10 different policies to address changes in Texas law. This further inflates the governing documents for many POAs and can add to confusion for homeowners and board members on how the documents apply within the structure of the POA’s governing documents. This is ultimately having a negative affect for POAs and homeowners.

Volunteer Issues                        

SB 1588 also brought a major change to the way ACC committees are composed. Since Sec. 209.00505 of the Texas Property Code was added, a POA of more than 40 lots and outside of declarant control has been unable to have 1) a current board member; 2) a current board member’s spouse; or 3) a person residing in a current board member’s household serve on the ACC. Why does this matter? Many times, volunteerism in POAs is low. It is often hard enough for POAs to find volunteers to fill the required number of board positions, so further restrictions on who can serve on what committee are making it impossible for many communities to fulfill the needs of the community using homeowner volunteers. As a result, communities serviced by a management company may have to turn to the management company to fill the role of the ACC. This is causing management fees to go up, which results in an increase of the annual assessment for the homeowner.

TLAC

The POA industry facing a more active legislature is not all negative. The increasingly active legislature has caused the industry across Texas to come together as a whole to ensure the voice and perspectives of the industry are heard. As we discussed last month, this has been done through the efforts of the Texas CAI chapters to form the Texas Legislative Action Committee (TLAC). Thus far, the effort of TLAC has been a success. So much so, that TLAC was awarded the 2024 LAC of the year by CAI National. If not for a veto from Texas Governor Abbott, changes would have been made to the requirements of ACC members and on other laws passed by the Texas Legislature that contained ambiguity in their requirements. TLAC looks to continue their efforts in the 2025 Texas Legislative Session to ensure the concerns of the POA industry are heard, and the bills that are enacted into law are beneficial for all Texans.

What’s Next?

If history is an indicator, the 2025 Texas Legislative Session will be active as far as the POA industry is concerned. This article covered only a couple of examples of how the POA industry has been forced to respond to the increasingly active legislature. The last several sessions have seen the legislature address fines, association websites, security measures and changes to the Texas Uniform Condominium Act amongst other things. While many of these bills have helped bring clarity for both the POA industry and homeowners, some have created increased controversy and confusion that has ultimately proved negative for the industry and homeowners. These controversial bills have ultimately resulted in an increase in regulation and assessments for the homeowners.

For a full breakdown on the effects from recent legislative action, please join RMWBH and Clint Brown for a webinar on June 18 at 11:30 a.m. Clint will further discuss how the POA industry has responded and the ramifications these actions have brought not just the industry, but homeowners as well.

Clint Brown, sb 1588, Texas Legislature, tlac
Avatar photo

Clint Brown

Clint Brown is an Equity Shareholder and joined the firm’s real estate section in 2012. He currently leads the firm's property owners association division with Marc Markel. Mr. Brown represents community associations, developers, developer-controlled associations, and commercial associations throughout Texas and his practice area focuses on bankruptcy law, corporate law and all aspects of community association law.

More posts by Clint Brown

Related Posts

  • The Basics of the ACC

    By Eric Tonsul | Comments are Closed

    Warmer temps are finally here and after hours of scrolling through garden setups and DIY videos on TikTok, homeowners may be feeling inspired to add on or remodel the exterior of their homes and updateRead more

  • Tips to Make the Annual Meeting a Success

    By Cliff Davis | Comments are Closed

    The end of the year is quickly approaching and for many POAs that means the annual meeting is upcoming. The annual meeting provides members the opportunity to come together, hear from their directors on theRead more

  • How the Way POAs Govern Emotional Support Animals Continues to Evolve

    By Eric Tonsul | Comments are Closed

    Emotional support animal. A phrase that causes headaches for many community managers and board members. As more people have attempted to push the boundaries of what constitutes an emotional support animal, the way POAs governRead more

  • Can a POA Take Action Against Hoarders?

    By Ashley Koirtyohann | Comments are Closed

    Many POAs have questions about how they can address hoarding by a homeowner in the community. Unfortunately, the best path forward is not always clear. In addition to the limitations of a POA’s governing documents,Read more

  • The Role and Importance of Policies

    By Noelle Hicks | Comments are Closed

    The conclusion of the 89th Texas Legislative Session brings several new laws to the POA industry. As a result, to ensure their governing documents comply with the new laws, POAs are turning to or addingRead more

NextPrevious

Subscribe to Our Email Updates

Recent Posts

  • The Art of Being a POA Board Member
  • Fannie Mae & Freddie Mac’s New Regulations Require Condos to Raise Assessments
  • The Basics of the ACC
  • POA Law 101: The Texas Property Code Chapters That Community Managers and Board Members Need to Know
  • Why You Should Not Wait to Begin Collections
Copyright 2026 RMWBH PC | All Rights Reserved | Terms & Conditions | Privacy Statement
  • HOME
  • OUR FIRM
    • MISSION, VISION AND VALUES
    • BOARD CERTIFIED ATTORNEYS
    • LOCATIONS
  • ATTORNEYS
  • PRACTICE AREAS
    • COMMUNITY ASSOCIATION LAW
    • CONSTRUCTION LAW
    • CORPORATE, SECURITIES, AND BUSINESS LAW
    • CYBER RISK
    • LABOR AND EMPLOYMENT
    • LITIGATION
      • APPELLATE
      • ARBITRATION
      • COMMERCIAL LITIGATION
      • INSURANCE DEFENSE
      • FIDUCIARY LITIGATION
      • PROFESSIONAL LIABILITY
    • REAL ESTATE PRACTICE
      • LAND USE
      • REAL ESTATE DEVELOPMENT
      • REAL ESTATE FINANCING
      • REAL ESTATE TRANSACTION
  • PUBLICATIONS
    • BLOG
      • CORPORATE LAW BLOG
      • PROPERTY OWNERS ASSOCIATION BLOG
      • REAL ESTATE BLOG
    • COMMUNITY ASSOCIATION NEWSLETTER
    • IN THE NEWS
    • WEBINARS
    • SINGLE-FAMILY PROPERTY CODE BOOK
    • CONDOMINIUM PROPERTY CODE BOOK
  • EDUCATION
  • CAREERS
  • CONTACT US
  • MAKE A PAYMENT
RMWBH Law – A Full Service Law Firm
XWe use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept”, you consent to the use of ALL the cookies.
Do not sell my personal information | Read More
DECLINEACCEPTCookie settings
Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
CookieDurationDescription
cookielawinfo-checkbox-analytics11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checkbox-functional11 monthsThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checkbox-necessary11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-others11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-performance11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
viewed_cookie_policy11 monthsThe cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
Save & Accept
Powered by CookieYes Logo