That’s a wrap! We’ve reached the end of our 2023 legislative session in almost every state. If you live in an HOA in Texas or Arizona and want the breakdown of what you need to know moving forward, we’ve got you covered!

If your community is in a state other than Texas or Arizona, check on your local legislative updates to ensure your governing documents are accurate and meeting requirements.

For now, let’s dive into the most important changes that will affect our Texas and Arizona Board of Directors.

Texas

The lone star state saw some big changes happening within their homeowner associations, namely HB 576 & HB 1193, HB 614, as well as HB 886. Let’s break it down for you and explain what updates are headed your way!

HB 576 & HB 1193

Section HB 576, also known as The Crown Act, was to the Texas Property Code and prohibits race-based discrimination of a person’s hair texture or style in Texas workplaces, schools, and housing policies.

While section HB 1193 amends that a property owners’ association may not include or enforce a restriction that prohibits a property owner from renting a dwelling to a person based on the person’s method of payment. Methods of payment can be from any federal, state, or local housing assistance, including but not limited to, rental vouchers, rental assistance, or rental subsidies.

HB 614

This new amendment requires property owners’ associations who have fining policies to adopt and file an enforcement policy regarding the levying of fines. The policy must include general categories of restrictive covenants for which the HOA may assess fines, a schedule of fines for each category of violation, and information regarding the hearing provided for under Sec. 209.007. There are also new requirements for providing a copy of the policy to each homeowner either by posting to the website, emailing, or mailing out annually.  Most communities already meet this requirement but talk to your fellow board members and property managers to make sure the community is supported in meeting these requirements.

HB 886

This amendment imposes new requirements that must be satisfied before an HOA can file a notice of assessment lien. This means that before an assessment lien can be filed, the association must provide notices of delinquency by first class mail to the property owner’s last known mailing address or by e-mail to an e-mail address the property owner has provided to the property owners’ association. The association must then follow up with a second notice of delinquency that must also be provided by certified mail, return receipt requested, to the property owner ’s last known mailing address.

For video explanations and a more in-depth look at these changes, check out Boardline Academy’s video series on the Texas legislative updates today!

Arizona

Arizona’s 2023 Legislative session has ended with SB 1049, HB 2607, HB 2301, and HB 2298 being added for the improvement of all homeowners’ associations! Here’s a summary of these new bills and what they mean for communities in Arizona.

SB 1049

To protect historical versions of the American flag, this amendment modifies two parts of the Arizona Revised Statutes. It will prohibit an association from banning any historic version of the American flag, with specific protection to the Betsy Ross Flag.

HB 2607

This bill amends HB 2607 to add a section outlining what happens if the board fails to call a special meeting within 30 days of receiving a valid petition to remove a board member. The result of which is the termination of all current board members, effective at midnight on the 31st day after receiving a petition.

HB 2301

HB 2301 has been amended to allow gated communities the authority to restrict unaccompanied visitors from entering the community and engage in door-to-door activity. These restrictions cannot be applied to community members, or visitors accompanied by community members.

HB 2298

Associations must now hold a membership vote to approve the HOA’s authority to continue regulating public roadways. This vote will need to take place prior to June 30, 2025, and only affects associations that currently regulate public roadways.

We encourage you to take advantage of Boardline Academy’s training resource for Arizona! Click here to learn more about how these changes impact you as a board member.

With all the legal jargon and pages worth of information being thrown your way, we know that these changes can start to feel overwhelming, that’s why we are offering a comprehensive, bite-sized option for board members to learn about relevant laws and regulations that are important to know.

Visit boardlineacademy.com today to sign up and gain access to libraries of video training, interactive learning games, and other resources that guide you to become a great board member for your community.