Tex.
Prop. Code Section 209.003
Applicability of Chapter
(a)
This chapter applies only to a residential subdivision that is subject to restrictions or provisions in a declaration that authorize the property owners’ association to collect regular or special assessments on all or a majority of the property in the subdivision.(b)
Except as otherwise provided by this chapter, this chapter applies only to a property owners’ association that requires mandatory membership in the association for all or a majority of the owners of residential property within the subdivision subject to the association’s dedicatory instruments.(c)
This chapter applies to a residential property owners’ association regardless of whether the entity is designated as a “homeowners’ association,” “community association,” or similar designation in the restrictions or dedicatory instrument.(d)
This chapter does not apply to a condominium as defined by Section 81.002 (Definitions) or 82.003 (Definitions).(e)
The following provisions of this chapter do not apply to a property owners’ association that is a mixed-use master association that existed before January 1, 1974, and that does not have the authority under a dedicatory instrument or other governing document to impose fines:(1)
Section 209.005 (Association Records)(c);(2)
Section 209.0056 (Notice of Election or Association Vote);(3)
Section 209.0057 (Recount of Votes);(4)
Section 209.0058 (Ballots);(5)
Section 209.00592 (Voting; Quorum); and(6)
Section 209.0062 (Alternative Payment Schedule for Certain Assessments).
Source:
Section 209.003 — Applicability of Chapter, https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm#209.003 (accessed Jun. 5, 2024).
