Additional Requirements for Hearings for Owners- 2021 Legislative Session Analysis

Section 209.007 of the Texas Property Code governs the hearing options that an owner is required to be provided prior to the association taking certain actions against an owner, such as suspending an owner’s right to use a common area, filing suit against an owner, levying a fine against an owner, or charging an owner for property damage. This section was amended in the 2021 Legislative Session and now includes both evidentiary requirements and hearing procedures.

First, the law removes a board’s right to appoint a committee to hear a dispute.  All such disputes must be heard directly by the directors of the association.[1]

Next, an evidentiary requirement has been added to the hearing process. At least 10 days prior to a hearing, the association must provide to an owner a packet that contains all documents, photographs, and communications relating to the matter that the association intends to introduce at the hearing.[2]  If the association fails to provide the packet 10 or more days before the meeting, the owner is entitled to an automatic 15-day postponement of the hearing.[3]

Lastly, Section 209.007 has been amended to provide for hearing procedures.  Both the board and the owner may be represented by a “designated representative” at the hearing.  The association must first present the association’s case against the owner.  The owner or their designated representative is then entitled to present the owner’s response and any issues relevant to the appeal or dispute.

The requirements under this section go into effect on September 1, 2021.

[1] Texas Property Code § 209.007(a); TPC 209.007(b)- Redacted by Section 22 of SB 1588

[2] Texas Property Code § 209.007(f)

[3] Texas Property Code § 209.007(g)

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