How May a Texas HOA Alter Notification Requirements?

How Your HOA May Alter Notification Requirements

Section 209.0042 of the Texas Property Code pertains to the methods by which a property owners’ association may provide notices to its owners. Under this section, a property owners’ association has the authority to adopt an alternative method for providing notices to its property owners, as long as it is not used to provide a notice for which another method is prescribed by law. In order to use an alternative method of providing notice, the property owner must affirmatively opt-in to allowing the association to use this method to provide notices that are required by law to be given in a different manner.

It is important to note that a property owners’ association may not require an owner to allow the use of an alternative method of providing notice for any notice that is required by law to be given in a specific manner. This means that an owner has the right to choose whether or not to allow the association to use an alternative method of providing notice, and cannot be required to do so.

This provision allows property owners’ associations to have flexibility in the way they communicate with their owners, while also ensuring that owners have the ability to choose how they prefer to receive important notices from the association. It is important for property owners to carefully consider their preferred method of receiving notices and to communicate their preferences to the association in order to ensure that they receive timely and accurate information.

Get Help Changing Your Notification Requirements with Manning & Meyers

The process of changing your notification requirements can become detailed and complicated, as even simple changes can result in arguments within your community. Your lawyer should review any changes you want and provide feedback on the best way to accomplish changes.

If you have upcoming HOA document changes, contact an experienced Dallas HOA lawyer at Manning & Meyers for a complimentary consultation.

homeowner reviewing outdated hoa CC&Rs