QUESTION: With the recent adjournment of the 2019 Texas Legislative Session, were there any bills approved by the Legislature that affect HOAs?
ANSWER: Yes, of the dozens of bills proposed prior to and during the Legislative session relating to HOAs, only 3 that could affect Springs residents and would modify or add to our HOA’s Bylaws or CCRs made it as far as being submitted to the Governor for approval and his signature. As of June 1, 2019, none of the 3 have been signed by the Governor. The 3 bills:
--House Bill 1025, “Relating to membership on and the eligibility of certain persons to serve on the board of certain property owners' associations.” When signed by the Governor, this act will affect our Bylaws Article 4.02, Board of Directors: Number, Tenure, and Qualifications by adding the following disqualifying restriction: “A person may not serve on the board of a property owners’ association if the person cohabits at the same primary residence with another board member of the association.”
--House Bill 2554, “Relating to regulation of the display of signs containing political advertising.” When signed by the Governor, this act will affect our CCRs Article XI, Signs, Flags, and Flagpoles by modifying the existing CCR Article to read: “One or more political signs may be erected upon a Lot by the Owner of such Lot advertising a candidate or measure for an election on or after the 90th day before the date of the election to which the sign relates or before the 10th day after that election date. To the fullest extent allowed by law, the ARC shall have control over all verbiage on all signs. Except for signs advertising a Lot for sale and adhering to the standards of this Article, all signs within the Properties shall be subject to the prior written approval of the ARC. The HOA may remove a sign displayed in violation of a restrictive covenant permitted by this Article.” While not currently included in our CCRs, this bill does not prohibit the enforcement or adoption of a covenant that: (1) requires a sign to be ground-mounted, (2) limits a property owner to displaying only one sign for each candidate or measure, (3) prohibit a sign that contains roofing material, siding, paving materials, flora, one or more balloons or lights, or any other similar building, landscaping, or nonstandard decorative component, (4) prohibit a sign that is attached in any way to plant material, a traffic control device, a light, a trailer, a vehicle, or any other existing structure or object, (5) prohibit a sign that includes the painting or architectural surfaces, (6) prohibit a sign that threatens the public health or safety, (7) prohibit a sign that is larger than four feet by six feet, (8) prohibit a sign that contains language, graphics, or any display that would be offensive to the ordinary person, (9) prohibit a sign that is accompanied by music or other sounds or by streamers or is otherwise distracting to motorists.
--Senate Bill 741, “Relating to restrictive covenants regarding firearms or firearm ammunition.” Since the CCRs do not currently address firearms or firearm ammunition, this law, when signed by the Governor, would simply not allow the HOA to modify our CCRs in a manner which would violate the tenets of the act: “A property owners’ association may not include or enforce a provision in a dedicatory instrument that prohibits, restricts, or has the effect of prohibiting or restricting any person who is otherwise authorized from lawfully possessing, transporting, or storing a firearm, any part of a firearm, or firearm ammunition, as well as the otherwise lawful discharge of a firearm.”
These periodic CCR and Bylaws discussion topics intend to remind residents of The Springs of the Covenants, Conditions, and Restrictions (CCR’s) that apply to all Springs residents solely by our election to live in this community. The purpose of the CCR’s is to maintain specific standards for the good of us all, as articulated in their definition:
“THE SPRINGS AT STONE OAK is encumbered by these Restrictive Covenants for the following reasons: to seek to achieve the best and highest use and most appropriate development of the property; to protect lot owners against improper use of surrounding lots; to preserve so far as practical the natural beauty of the property; to guard against the erection of poorly designed or proportioned structures of improper or unsuitable materials; to encourage and secure the erection of attractive improvements on each lot with appropriate locations; and to secure and maintain proper setbacks from streets and adequate free space.”
If you are a Springs resident who has misplaced your copy of the CCR’s, or are a new resident who wasn’t provided a copy by the previous owners or your realtor, you can view (and download in Adobe Reader [.pdf] format) the complete Springs CCR’s and By-Laws at the Consolidated Bylaws and CCRs section of this website, located in the Pages & Links tab.
