House Bill 234 adds Section 202.020 to the Texas Property Code, which prohibits a property owners association that administers a subdivision development from enforcing any restrictive covenant that would restrict a child under the age of 18 from occasionally operating a lemonade stand (or a stand that sells other non-alcoholic beverages) on real property located in the subdivision development, provided the child has the permission of the owner of such real property.
Prop. This bill passed and was signed by the governor on June 14, 2019.
For purposes of new Chapter 214, a “Mixed-Use Real Estate Development” is very narrowly defined and must meet several criteria, including the development must contain at least 200 acres, but no more than 250 acres, of deed-restricted property composed of at least 10 separate tracts for which commercial properties constitute at least 70% of the total land area of the development and office properties constitute at least 50% of the total land area of the development. It goes into effect September 1, 2019. Bear in mind that most rules and regulations regarding weapons are city, county, state, and federal rules, not individual HOA rules. In order to structure a community like this, the board would need to seek a bylaw amendment drafted by association counsel. © 2020 Spectrum Association Management, Inc. All Rights Reserved |, How Recent Coronavirus Legislation Benefits HOA Members, Ensuring FDIC Coverage for Your HOA Community. HB 302 – Firearms & Ammunition in Common Elements (PDF), SB 741 – Possession and Discharge of Firearms (PDF), SB 1845 – Amendment of Mixed-Use Real Estate Development Declarations (PDF), SB 1969 – Ratification of Corporate Acts (PDF). Coined the “Lemonade Bill,” this bill modifies 202.020 Property Code to prohibit a property owners’ association from adopting or enforcing a rule that prohibits or regulates the occasional sale of lemonade or other non-alcoholic beverages from a stand on property by an individual younger than 18 years old, with permission from the property owner. House Bill 2569 amends Section 82.059 of the Texas Property Code, which governs the requirements of a condominium declaration. HB 347 abolishes the Tier 1 and Tier 2 designations and creates an annexation process that requires the consent from land owners in the affected area(s) by either vote or petition. This bill has been passed and was signed by the governor on June 14, 2019. Absolute necessity for rural HOA”s in unincorporated areas.”, “As a Board Member, it makes understanding a multitude of issues easy. Below, we’ll discuss each bill that made it through the process this session: This adds a section to Property Code 202.020 that prohibits an association from enforcing a provision that prohibits, restricts, or has the effect of prohibiting or restricting a person who is otherwise authorized to legally possess, transport, discharge, or store a firearm or any part of a firearm or ammunition. This has been signed by the governor and goes into effect on September 1, 2019. Federal Laws - In addition to state law regulations, the federal government has laws that govern the operation and management of common interest communities, condominiums, cooperatives, and residential properties in Texas.. Texas Condominium Act, Tex. I recommend it highly for any HOA Board member or any member of a HOA who want to understand HOA Law. Good Fences: San Antonio Texas Homeowners Association Attorney HOA …
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