Tex.
Gov't Code Section 551.0015
Certain Property Owners’ Associations Subject to Law
(a)
A property owners’ association is subject to this chapter in the same manner as a governmental body:(1)
if:(A)
membership in the property owners’ association is mandatory for owners or for a defined class of owners of private real property in a defined geographic area in a county with a population of 2.8 million or more or in a county adjacent to a county with a population of 2.8 million or more;(B)
the property owners’ association has the power to make mandatory special assessments for capital improvements or mandatory regular assessments; and(C)
the amount of the mandatory special or regular assessments is or has ever been based in whole or in part on the value at which the state or a local governmental body assesses the property for purposes of ad valorem taxation under Section 20, Article VIII, Texas Constitution; or(2)
if the property owners’ association:(A)
provides maintenance, preservation, and architectural control of residential and commercial property within a defined geographic area in a county with a population of 2.8 million or more or in a county adjacent to a county with a population of 2.8 million or more; and(B)
is a corporation that:(i)
is governed by a board of trustees who may employ a general manager to execute the association’s bylaws and administer the business of the corporation;(ii)
does not require membership in the corporation by the owners of the property within the defined area; and(iii)
was incorporated before January 1, 2006.(b)
The governing body of the association, a committee of the association, and members of the governing body or of a committee of the association are subject to this chapter in the same manner as the governing body of a governmental body, a committee of a governmental body, and members of the governing body or of a committee of the governmental body.
Source:
Section 551.0015 — Certain Property Owners' Associations Subject to Law, https://statutes.capitol.texas.gov/Docs/GV/htm/GV.551.htm#551.0015 (accessed Jun. 5, 2024).
