Section 207.006 of the Texas Property Code previously required that a residential subdivision or townhome place its dedicatory instruments online, but only if it or its management company maintained a website. The Texas Legislature has now amended this section to require most residential subdivisions and townhome communities to maintain a website that is available to its members. The requirement that all dedicatory instruments be available on the website remains. A residential subdivision that is less than 60 lots is exempt from this requirement, unless it is managed by a management company. This provision goes into effect on September 1, 2021.
Should an association be greater than 60 lots or be maintained by a management company and currently maintains a website, it must ensure that the website is available to all members and that the current versions of all dedicatory instruments appear on the website. The law does not require older versions of dedicatory instruments to be made available on an association website.
Should an association be greater than 60 lots or be maintained by a management company, and does not currently maintain a website, it must work promptly to create a website in which the current versions of all dedicatory instruments appear. If you are having difficulty with this requirement, we recommend that you reach out to your management company so as to comply with this requirement by September 1, 2021. If you are not managed by a management company, please reach out to our firm at Casey@HOALegal.com, and we can assist you with compliance.
