January Newsletter – New Year, New Beginnings in January, 2023

The Texas 88th Legislature first convened on January 10th, 2023. In just a few short days, House Representatives introduced hundreds of bills, many of which affect community associations throughout the state. These proposed bills can have a big impact on how associations, managers, and attorneys must operate. We at Barsalou & Associates are closely following these bills for potential legislative updates to keep our clients and fellow industry members informed.

Our Barsalou & Associates team members participated in the 51st Annual Chevron Houston Marathon, as both volunteers and runners. Congratulations to Jessica for completing the Half Marathon!

Barsalou & Associates came out to celebrate the associations, managers, volunteers, and members that make Houston’s communities thrive at C.A.I.’s Awards Gala.

Congratulations to all of those recognized and awarded at this event!

This list, called “The Fifteen” in the HOA industry, apply to homeowners associations in Texas (but not condominiums, which are not subject to Ch 209 of the Property Code). The list specifies the 15 subjects that must be handled in an open meeting:

§ 209.0051(h) …The board may not, unless done in an open meeting for which prior notice was given to owners under Subsection (e), consider or vote on:

1. fines;
2. damage assessments;
3. initiation of foreclosure actions;
4. initiation of enforcement actions, excluding temporary restraining orders or violations involving a threat to health or safety;
5. increases in assessments;
6. levying of special assessments;
7. appeals from a denial of architectural control approval;
8. a suspension of a right of a particular owner before the owner has an opportunity to attend a board meeting to present the owner’s position, including any defense, on the issue;
9. lending or borrowing money;
10. the adoption or amendment of a dedicatory instrument;
11. the approval of an annual budget or the approval of an amendment of an annual budget ;
12. the sale or purchase of real property;
13. the filling of a vacancy on the board;
14. the construction of capital improvements other than the repair, replacement, or enhancement of existing capital improvements; or
15. the election of an officer.

Tex. Prop. Code Ann. § 209.0051 (West)