Turn on the TV or log on to any social media website and it will not take long before a report, or in the case of social media—an argument, about free speech appears. The debate on what constitutes free speech and how it affects people has taken over politics in many parts of the United States. The same debate is now positioned to enter into our communities. The 88th Texas Legislative Session has introduced a pair of bills targeting how property owners’ associations (POAs) can regulate assembly and speech in the common areas of associations. For this bill spotlight, we turn our attention to SB 468 and HB 2450.
SB 468 is authored by a collection of State Senators, and its companion HB 2450 is authored by Mike Schofield of District 132. If either of these bills are passed, Section 202.013 would be added to the Texas Property Code.
Sec. 202.013 would prevent POAs from adopting or enforcing a provision in a dedicatory instrument that prohibits, restricts or has the effect of prohibiting or restricting a property owner or resident from: (1) peacefully assembling or meeting with POA members, residents, or their invitees or guests in POA common areas; or (2) inviting guest speakers, including public officials and candidates for public office to address or meet with POA members, residents, or their invited invitees or guests, without prior POA approval.
The bill would also prohibit POAs from enforcing a provision that regulates, restricts, or has the effect of regulating or restricting the content of an owner’s or resident’s speech.
What does this mean for POAs?
SB 468 and HB 2450 are broad bills that could open the floodgates for association common areas to become beacons for unannounced political rallies, parties, and other events. Controversial, politically charged topics could become a routine conversation in common areas, which may add to the present charged attitudes in many associations.
A concerning aspect of the bills for POAs is the provision permitting these meetings to take place without prior approval of the POA. The lack of specifics around this provision leaves open the possibility that groups can assemble in the common areas when these common areas have already been reserved and are in use by other members of the community who have followed the established guidelines for common area use.
Overall, it highlights a potential loss of control over the common areas by POAs. In the extreme, it could mean swimming pools could be open at all hours at any point throughout the year, or groups of residents could overtake a section of the clubhouse, previously reserved for a child’s birthday party, to conduct a political rally on a sensitive topic not meant for children’s ears.
In addition to SB 468 and HB 2450, HB 3775 has also been filed, which would add a slightly different version of Section 202.013 to the Texas Property Code. HB 3775 focuses only on allowing owners or residents to invite public officials or political candidates to meet with residents in the common areas. A big difference in HB 3775 versus SB 468 and HB 2450 is HB 3775 does allow for POAs to place restrictions on when common areas can be used instead of an open-door policy.
Each of these bills currently sits in their respective committees. While bill filing has closed, the language and goals of the bills can change throughout the committee and legislative process. If you have concerns on the potential impacts these bills could bring to POAs, it is not too late to contact your state legislator to suggest amendments to these bills or any other bill filed in the 88th Texas Legislative Session.
