The 89th Texas Legislative Session shaped up to be a session for the POA industry to closely follow. The Legislature considered over 60 bills that could have brought drastic changes to POA operations, but ultimately, only a few passed resulting in positive change. These bills cover topics that include:
- Security Measures
- ACC Membership
- Electronic Voting
- Common Area Usage
- And more
The following is a comprehensive breakdown of the new laws for the POA industry. The bills come into effect on 9/1/25 unless otherwise stated. Action Items, listed in bold, must be completed to maintain compliance with the law.
Security Measures/ACC
SB 711 is the compromise bill promoted in 2023 by TLAC, Texas Realtors, and TCAA, working with key legislators (but ultimately vetoed by the Governor). The 2025 version addresses many concerns resulting from legislation passed in 2021.
Condominiums
- Website requirement for associations of 60 or more units or managed by a management company
- Management certificate filed with TREC
- Resale certificates capped at $375
Security Measures
- POA can prohibit fencing that obstructs a sidewalk, drainage area, or easement or license areas
- Require a driveway gate be set back at least 10 feet from the street
- Prohibit the installation of fencing in front of the front-most building line of a dwelling
ACC
- Solicitation of candidates to the members
- Potential candidates have 10 days to notify of intention to serve
- If a vacancy still remains, the board may appoint to fill the vacancy with a candidate previously not permitted to serve on the ACC
Action Items: Condominiums – Create publicly accessible website, update Management Certificate and file with TREC, ensure resales certificates are capped at $375.
Single-Family – Revise Security Measures Policy. Create Notice of Solicitation for ACC Policy and revise Chapter 209 Hearing Policy.
Solar Roof Tiles
HB 431 amends Chapter 202.010(a)(2) to include solar roof tile as a solar energy device. This bill is effective immediately.
Action Item: Update Solar Panel Policy, if applicable.
Discolored Vegetation and Turf
HB 517 adds new subsection 202.008 to Chapter 202 of the Property Code prohibiting POAs from fining a property owner for violating a covenant requiring an owner to maintain green vegetation or turf during a period of watering restriction mandated by a city, utility, or other supplier during a drought and for a reasonable period following such water restriction.
Action Items: Update Fine Policy to reflect when fines are suspended.
Business Organization
SB 2411 is an omnibus bill amending many different sections to the Texas Business Organizations Code. POAs should focus on the changes to Chapter 22.
Sec. 22.218(a) is amended to allow the certificate of formation or bylaws of the corporation to immediately designate all or a specified portion of the authority of the board to one or more committees. Sec. 22.218(a) maintains the board’s authority to adopt a resolution by majority vote to designate their authority to one or more committees to the extent permitted by the certificate of formation and bylaws.
The remainder of the amendments to Chapter 22 focus on requirements for ratifications of defective corporate acts.
Action Items: None
Assembly and Free Speech
HB 621 amends Chapter 202 of the Property Code adding new subsection 202.013 prohibiting an association from preventing an owner or resident from inviting government officials and candidates for office to address or meet with members, residents, or invitees in common areas of the association. The POA may require these meetings to abide by the same provisions that apply to any other gathering held in a common area. It does not apply to common areas not made available for meetings or POAs that qualify as tax exempt.
Action Item: Revise or implement Common Area Usage Agreement.
POA Meetings
SB 2629 amends Chapters 82 and 209 of the Property Code by amending multiple sections of Chapter 82 for procedural elements. The bill also amends Sec. 82.108 by adding (b-1) which would allow a condominium association to hold a meeting by any method of communication, including electronic and telephonic, as provided by Sec. 6.002 of the Business Organizations Code. Sec. 209.00592(a-1) is amended by adding electronic voting to one of the required voting means associations have to choose from to offer homeowners.
Action Items: Create Voting Policy and, if necessary, amend Bylaws where alternate voting methods are not expressly referenced
White-Tail Deer
HB 2842 amends several sections of the Parks and Wildlife Code. Adds various notice and evidence requirements for POAs and other entities to control the white-tail deer population when recreational hunting is not feasible for controlling the population.
Action Items: Contact legal counsel if this is an issue.
POAs should coordinate closely with their legal counsel to ensure they maintain compliance with the law. If you wish for RMWBH to complete the policies on behalf of your association, please complete the linked form and return it to RMWBH.
