(214) 658-1900 
89th Legislative Session Update
By: Kristen Pierce, Parrish S. Nicholls, and Claudia Zissman-Monzon
The 89th Legislative Session has officially wrapped in the State of Texas, and homeowners associations (“HOAs”) and condominium associations (“Condos”) need to be aware of the below changes to the law that may affect them. HOAs and Condos should consult a property owners and community associations attorney to determine if any policies or updates to the association’s governing documents should be implemented.
SB 711 –Soliciation of Candidates for the ACC, Perimeter Fencing, Websites and Management Certificates for Condos
HOAs Only
An HOA must incorporate an ACC solicitation process, similar to soliciting candidates for Board elections. An HOA must (i) provide notice of an ACC vacancy at least 10 days before the selection date, (ii) select ACC members from those who timely submitted candidacy to the ACC, and (iii) if a vacancy exists after the candidates are appointed or elected to the ACC, the HOA may then appoint any otherwise disqualified person (director, director’s spouse, or a person residing in a director’s household) to serve on the ACC.
HOAs can prohibit security measure fencing that obstructs the sidewalk in a public right of way or drainage easement. An HOA has the authority to require a driveway gate to be set back at least 10 feet from a right of way and may prohibit the installation of a fence in front of the front-most building line of a dwelling, less certain exceptions (fence was installed prior to 9/1/2025, the residential address is exempt from public disclosure, or a homeowner provides documents from a law enforcement agency explaining the need for enhances security measures).
Condos Only
Condos with 60 units or more or contracted with a management company must create/maintain a website and post all dedicatory instruments on the website.
Condos must amend or create a management certificate to include: (i) recording data for the Declaration and amendments, if any, (ii) the telephone number and email address of any management company, (iii) the website address where the dedicatory instruments are posted, and (iv) the amount and description of all transfer fees (Note: max. resale certificate fees are $375.00). The management certificate or amended management certificate must be recorded with the applicable county and filed with TREC within 7 days of filing with the county.
SB 2629 – Relating to Organization of, Meeting of, and Voting by Condos and HOAs
Condos Only
Board meetings may be held by any communication method, including electronic and telephonic means. The board may act by unanimous written consent of all directors if such action does not involve voting on a fine, damage assessment, appeal from an ACC application denial, or suspension of a member right/privilege before the member has an opportunity for a board meeting.
Notice of a meeting of the association must be given as provided by the bylaws. If the bylaws are silent, notice must be given pursuant to Chapter 22 of the TBOC.
HOAs Only
Electronic voting is expressly allowed, unless the governing documents provide otherwise. An HOA is not required to provide an owner with more than one voting method, of which one of the following must be allowed: absentee ballot, proxy, or electronic ballot.
HB 517 – An HOA’s Authority to Assess a Fine for Discolored Vegetation or Turf during Water Restrictions
HOAs Only
An HOA cannot assess a fine for discolored vegetation or turf or require an owner to plant or install grass or turf to maintain green vegetation when a residential watering restriction is in place. The suspension must continue for at least 60 days after the watering restrictions are lifted.
HB 621 – An HOA’s Authority to Regulate the Assembly, Association, and Speech of Owners or Residents Related to Governmental Officials or Candidates for Political Office
HOAs Only
An HOA cannot adopt or enforce a restriction that prohibits an owner or resident from inviting governmental officials and candidates for election to address or meet with the HOA’s members, residents, or their invitees in the HOA’s common areas.
An HOA can enforce certain restrictions on gatherings in general that are held in the HOA’s common area, such as (i) requiring a room rental fee or deposit, (ii) limiting the maximum occupancy of the common area where the meeting is to be held, (iii) establishing hours during which a meeting or event may be held in the common area, (iv) specify which common areas are available to the members for meetings or gatherings, and (v) require a written reservation or rental agreement. This legislation does not apply to HOAs who are tax-exempt under IRC, Section 501(c)(3).
HB 431 – Regulation of the Installation of Solar Roof Tiles
HOAs and Condos
Solar roof tiles are now included under the term “Solar Energy Device.”
HB 2842 – The Control, by Lethal Means, of White-Tailed Deer in Certain Areas
HOAs and Condos
An HOA or Condo can apply to the wildlife department to use lethal means to kill white-tailed deer, if the association can provide evidence that the deer are damaging the habitat of threatened or endangered species, or if the association is experiencing an overpopulation.
Kristen Pierce, Parrish S. Nicholls, and Claudia Zissman-Monzon are Associate Attorneys with Henry Oddo Austin & Fletcher, P.C., with a focus on Property Owners and Community Associations law. This article is made available by the attorneys and/or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law; it is not being made available to provide specific legal advice. By using this website and/or article, you understand that there is no attorney-client relationship between you and the law firm publisher or attorney authors. This website should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. Any references to particular sets of events are meant for illustration purposes only and do not constitute opinions, comments, or advice about any specific case whether pending, resolved, anticipated, actual, or partially constructed from actual cases. The authors express that they are not bound to any particular legal opinion or future professional judgment or decision on the basis of this article.
Aug 05, 2025
