Corporate Transparency Act (CTA) Update: Reporting Obligations Reinstated
On February 18, 2025, a federal court in Texas reinstated the Corporate Transparency Act (CTA), once again requiring businesses to disclose their beneficial owners to FinCEN. To give companies additional time to comply, FinCEN extended the filing deadline by 30 days. As a result, most businesses now have until March 21, 2025, to submit their […]
Condominium Associations Must Adopt a Document Retention Policy- 2021 Legislative Update
Section 209.005 of the Texas Property Code, adopted in 2011, also required residential subdivisions to adopt a Document Retention Policy. That same requirement now applies to condominium associations through the creation of Section 82.1141 of the Texas Property Code.[1] Each condominium association over eight units in size, must adopt a Document Retention Policy. This policy […]
Condominium Associations Must Adopt a Records Production and Copying Policy- 2021 Legislative Update
n 2011, the Texas Legislative Session created Section 209.005 of the Texas Property Code which required residential subdivisions to adopt a Records Production and Copying Policy. That same requirement now applies to condominium associations through the creation of Section 82.1141 of the Texas Property Code. Each condominium association, irrespective of size, must adopt a Records […]
Permissible Regulation of Residential Leases & Rental Restrictions- 2021 Legislative Session Analysis
Section 209.016 of the Texas Property Code governs the regulation of residential leases within property owners’ associations. This section was recently amended and now expressly allows for an association to request the following information to be submitted to the association regarding each lease or rental applicant: Contact information (including name, mailing address, phone number, and […]
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 […]
Changes to the Law Related To Board Meeting Notice- 2021 Legislative Analysis
Section 209.0051 of the Texas Property Code governs the required notices that associations must provide to members prior to meetings of the board of directors. Additionally, this section includes a list of items upon which an association may not vote without first providing notice to members. This section was amended in the 2021 Legislative Session […]
Creation of an Architectural Review Authority- 2021 Legislative Session Analysis
Section 209.00505 of the Texas Property Code was created and governs the Architectural Review Authority for a residential subdivision or townhome. Most associations currently refer to these authorities as “Architectural Review Committees” or “Architectural Control Committees.” The Texas Legislature provides a common name for these in calling them “Architectural Review Authorities” (hereinafter “ARAs”). The law […]
Changes to Management Certificate Law- 2021 Legislative Session Analysis
Section 209.004 of the Texas Property Code previously required the filing of a management certificate for each association in the real property records for each county in which that association was located. Additionally, the Code included a list of items that must be included within a management certificate and ramifications for an association if it […]
2021 Texas Legislative Session Analysis – Recommended Actions for Residential Subdivisions
Changes to the Texas Property Owners’ Association Law The 2021 Texas Legislative Session brought about numerous changes to Texas Property Owners’ Association Law. The changes to HOA and Condo law include both mandatory and permissive actions that residential subdivisions, condominium associations, and townhome communities must make to their daily operations. What follows is a summary […]
2021 Legislative Session Analysis – Mandatory Actions for Residential Subdivisions
Changes to Texas Property Owners’ Association Law The 2021 Texas Legislative Session brought about numerous changes to Texas Property Owners’ Association Law. The changes to Condo law and HOA law include both mandatory and permissive actions that residential subdivisions, condominium associations, and townhome communities must make to their daily operations. What follows is a summary […]