Bill > HB2398

This bill proposes several changes to the governance of property owners' associations in Texas, focusing on four key areas: amendment procedures, legal enforcement, and board responsibilities. First, the bill establishes that dedicatory instruments (governing documents) can be amended by a majority vote of property owners, unless the existing document specifies a different percentage, with existing quorum requirements still applying. Second, the bill empowers county attorneys to seek injunctive relief to address violations of certain property owners' association regulations. Third, the bill clarifies the fiduciary responsibilities of board members and officers, stipulating that they must act in good faith on behalf of the property owners' association and are personally liable for their actions or omissions. Specifically, all association actions must be conducted through the board unless otherwise specified in the declaration, bylaws, or by law. The bill will take effect on September 1, 2025, and will only apply to votes, acts, and omissions occurring on or after that date, with previous actions continuing to be governed by the existing law at that time.

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https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB2398