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 Table of Contents from Texas Homeowners Association Law 

CHAPTER 1: MASTER-PLANNED COMMUNITIES AND CONDOMINIUMS
1.1 The Association-Governed Community Concept
1.2 Common-Interest Developments in Texas
1.3 Homeowners Associations in Texas
1.4 Statutory Laws and Governing Documents that Apply to Texas Homeowners Associations and the Hierarchy of such Authorities
1.4.1 Hierarchy of Public Law Applicable to Texas Homeowners Associations
1.4.2 Hierarchy of Governing Documents Applicable to Texas Homeowners Associations
1.4.3 Exceptions to the General Rules of Hierarchical Authority and other Rules Concerning the Application of Public Law and Governing Documents to Homeowners Associations
1.5 Synonymous Terms of Art Applicable to Texas Homeowners Association and Use of Terms of Art in this Book
1.5.1 Terms of Art Utilized in this Book in Reference to Homeowners Associations
1.5.2 Terms of Art Utilized in this Book in Reference to Property Owners
1.5.3 Terms of Art Utilized in this Book in Reference to Corporate Governing Documents
CHAPTER 2: CONDOMINIUM DEVELOPMENTS IN TEXAS
2.1 The Condominium Concept
2.2 Application of the Texas Condominium Act and/or the Texas Uniform Condominium Act
2.3 Understanding Condominium Terms of Art
2.4 The Condominium Declaration
2.5 Ownership of Units and Determining Unit Boundaries
2.6 Common Elements, Limited Common Elements, and General Common Elements
2.7 Allocation of Common Element Interests, Votes, and Common Expense Liabilities
2.8 Condominium Plats and Plans
2.9 Alteration of Units, Relocation of Boundaries Between Adjoining Units, and Subdivision of Units
2.10 Amendment of Condominium Development's Governing Documents
2.11 Termination of a Condominium Development
2.11.1 Agreement to Terminate 2.11.2 Termination Procedure if the Condominium Development Property is to be Sold Following Termination
2.11.3 Termination Procedure if the Condominium Development Property is not to be Sold Following Termination
2.11.4 Post-Termination Distribution of Condominium Association's Assets
2.11.5 Rescission of Termination Agreement
2.12 Foreclosure of a Lien Against All or Part of a Condominium Development
2.13 Rights of Secured Lenders
2.14 Organization and Powers of a Condominium Association
2.14.1 General Powers of Condominium Associations
2.14.2 Power of Condominium Associations to Evict or Collect Rents from a Unit Owner's Tenants
2.14.3 Power of Condominium Associations to Sell Real Property in the Condominium Development
2.14.4 Power of Condominium Associations to Terminate Certain Contracts Without Penalty
2.14.5 Limitations on the Powers of Condominium Associations
2.15 Directors and Officers of a Condominium Association
2.15.1 Transition of Control of Condominium Associations
2.15.2 Duty of Care of Directors and Officers of Condominium Associations
2.16 Bylaws of Condominium Associations
2.17 Maintenance and Repair of Units and Common Elements
2.18 Meetings, Quorums, Voting, and Proxies
2.18.1 Notice of Board of Directors and Membership Meetings
2.18.2 Manner of Conducting Meetings
2.18.3 Quorum Requirement
2.18.4 Voting, Use of Proxies, and Cumulative Voting
2.19 Insurance
2.19.1 Property Insurance
2.19.1 (A): Property Insurance Policy Coverage Requirements
2.19.1 (B): Submission of Property Insurance Claim and Payment of Claim
2.19.1 (C): Duty to Repair and Restore Condominium Property
2.19.2 Commercial General Liability Insurance
2.19.3 Other Insurance Coverage Required by Declaration or Deemed Appropriate by the Board of Directors
2.19.4 Additional Insurance Requirements
2.20 Authority to Levy Assessments and Establishment of an Assessment Lien
2.20.1 Authority to Levy Assessments
2.20.2 Establishment of an Assessment Lien
2.20.3 Notification of Unit Owner's Assessment Delinquency To Other Lienholders
2.20.4 Acceptance of a Deed in Lieu of Foreclosure and Bidding on a Unit at a Foreclosure Sale
2.20.5 Redemption of a Unit Following Foreclosure
2.21 Books and Records and Annual Audit Requirements
2.21.1 Books and Records Required to be Kept by Condominium Associations
2.21.2 Inspection of Books and Records by Unit Owners
2.21.3 Annual Audit Requirement
2.22 Management Certificates
2.23 Resale Certificates
2.24 Obligations of Unit Owners

CHAPTER 3: FORMATION AND ADMINISTRATION OF TEXAS HOMEOWNERS ASSOCIATIONS
3.1 Formation of and Laws Applicable to the Administration of Texas Homeowners Associations
3.1.1 Texas Law Governing Nonprofit Corporation HOAs
3.1.2 Texas Law Governing Unincorporated Nonprofit Associations
3.1.2 (A): Ownership of Real and Personal Property by a Nonprofit Association HOA
3.1.2 (B): Enforcement of Rights, Duties, and Liabilities of a Nonprofit Association HOA
3.1.2 (C): Books and Records of a Nonprofit Association HOA
3.1.2 (D): Appointment of a Registered Agent for a Nonprofit Association HOA
3.2 Management of Nonprofit Corporation HOAs by a Board of Directors
3.3 Number of Directors on the Board and Method of Election, Appointment, or Designation of Directors
3.4 Eligibility Requirements and Qualifications to Serve as a Director
3.5 Term of Office for Directors
3.6 Resignation or Removal of Directors from the Board
3.7 Filling a Vacancy on the Board of Directors
3.8 Corporate Officers of Nonprofit Corporation HOAs
3.9 Election or Appointment of Officers
3.10 Eligibility Requirements and Qualifications to Serve as an Officer
3.11 Removal of Officers 3.12 Committees of a Nonprofit Corporation HOA
3.12.1 Management Committees
3.12.2 Non-Management Committees
3.13 Ex Officio Members of the Board of Directors
3.14 Duty of Care of Directors and Officers
3.14.1 Fiduciary Duty of Directors and Officers and Application of the Business Judgment Rule Under Texas Common Law
3.14.2 Duty of Care of Directors Under the Texas Nonprofit Corporation Law
3.14.3 Duty of Care of Officers Under the Texas Nonprofit Corporation Law
3.14.4 Application of the Business Judgment Rule under the Texas Nonprofit Corporation Law
3.14.5 Duty of Care of Directors and Officers of Condominium Associations under the Texas Uniform Condominium Act
3.15 Immunity and Indemnity of Directors and Officers of Nonprofit Corporation HOAs
3.15.1 Director and Officer Immunity from Liability under the Texas Charitable Immunity and Liability Act of 1987
3.15.2 Contractual Indemnity of Directors and Officers
3.15.3 Statutory Indemnity of Directors and Officers under the Texas Corporation Law
3.15.3 (A): Mandatory Indemnity of Directors under the Texas Corporation Law
3.15.3 (B): Permissive Indemnity of Directors under the Texas Corporation Law
3.15.3 (C): Payment or Reimbursement of Reasonable Expenses of a Currently-Serving Director Prior to Making Requisite Determination for Permissive Indemnity
3.15.3 (D): Permissive Indemnification and Advancement of Expenses to Officers and other Persons under the Texas Corporation Law
3.15.3 (E): Court-Ordered Indemnity of Directors under the Texas Corporation Law
CHAPTER 4: MEETINGS OF THE BOARD OF DIRECTORS
4.1 In General
4.2 Regular and Special Meetings of the Board of Directors
4.3 Location of Board Meetings and Participation by Directors
4.4 Notice of Board Meeting to Directors
4.4.1 General Requirements Concerning Notice of Board Meetings
4.4.2 Notice of a Regular Board Meeting
4.4.3 Notice of a Special Board Meeting
4.5 Notice of Board Meeting to Members of a Homeowners Association
4.6 Establishment of a Quorum
4.7 Voting and Proxies
4.8 Taking Actions by Consent Without a Board Meeting
4.8.1 Actions by Unanimous Written Consent
4.8.2 Actions by Less Than Unanimous Written Consent
4.8.3 Execution of a Written Consent in Lieu of a Board Meeting
4.9 Agenda and Order of Business at Board Meetings
4.10 Conducting Board Meetings and Decorum
4.11 Participation of Non-Directors at Board Meetings
4.12 Recording and Taping of Board Meetings
4.13 Open Board Meetings and Executive Session
4.14 Minutes of Board Meetings

CHAPTER 5: MEETINGS OF A HOMEOWNERS ASSOCIATION'S MEMBERSHIP
5.1 In General
5.2 Actions that Require a Meeting of a Homeowners Association's Membership
5.3 Taking Actions by Consent Without a Membership Meeting
5.3.1 Actions by Unanimous Written Consent
5.3.2 Actions by Less Than Unanimous Written Consent
5.3.3 Execution of a Written Consent in Lieu of a Membership Meeting
5.4 Location of Membership Meetings
5.5 Annual Meetings of a Homeowners Association's Membership
5.6 Special Meetings of a Homeowners Association's Membership
5.7 Notice of Membership Meetings
5.7.1 General Requirements Concerning Notice of Membership Meetings
5.7.2 Exceptions to and Waiver of Membership Meeting Notices
5.8 Pre-Membership Meeting Procedures: Setting a Record Date for Determination of Membership and Preparing a Membership Voting List
5.8.1 Establishing a Record Date for Determination of Membership
5.8.2 Preparation of a Membership Voting List
5.9 Agenda and Order of Business at Membership Meetings
5.10 Conducting a Membership Meeting and Decorum
5.11 Establishment of a Quorum at a Membership Meeting
5.12 Voting of Members
5.13 Election of Directors
5.13.1 Election Voting Systems in General
5.13.2 Election Voting Under the Texas Nonprofit Corporation Law
5.13.3 Cumulative Voting
5.14 Voting by Proxy at a Membership Meeting
5.15 Recording and Taping of Membership Meetings
5.16 Minutes of Membership Meetings

CHAPTER 6: DUTIES AND OPERATION OF TEXAS HOMEOWNERS ASSOCIATIONS
6.1 Source and Scope of a Homeowners Association's Power and Authority
6.1.1 Additional Powers and Authority Granted to Subdivision Associations in Harris, Brazoria, Galveston, and Montgomery Counties under Chapter 204 of the Texas Property Code
6.1.2 Additional Powers and Authority Granted to Condominium Associations Under the Texas Uniform Condominium Act
6.1.3 Additional Powers and Authority Granted to all Texas Homeowners Associations under Chapter 202 of the Texas Property Code
6.2 Management of Homeowners Associations
6.2.1 Self-Management by Residents
6.2.2 Self-Managed by Employed Manager
6.2.3 Management by Independent Management Company
6.3 Emergency Governance of Texas Nonprofit Corporation HOAs
6.4 Management Certificates
6.5 Recording of Dedicatory Instruments
6.6 Resale Certificates
6.6.1 Resale Certificates by Subdivision Associations
6.6.1 (A): Requisite Contents of a Subdivision Resale Certificate
6.6.1 (B): Delivery of a Subdivision Resale Certificate
6.6.1 (C): Remedies of a Selling Lot Owner for Failure of a Subdivision Association to Timely Deliver Requested Subdivision Information or Resale Certificate
6.6.1 (D): Effect of Erroneous or Omitted Information in a Subdivision Resale Certificate
6.6.2 Resale Certificates by Condominium Associations
6.7 Maintenance of Common Areas and Common Elements
6.8 Limitation of Liability of a Texas Homeowners Association under the Texas Charitable Immunity and Liability Act of 1987
6.9 Filing Periodic Reports with the Texas Secretary of State
6.10 Keeping Books and Records
6.11 Director's Right to Inspect Books and Records
6.12 Homeowner's Right to Inspect Books and Records
6.12.1 Member-Homeowner's Right to Inspect Books and Records of a Nonprofit Corporation HOA Under the Texas Nonprofit Corporation Law
6.12.2 Member's Right to Inspect Books and Records of a Nonprofit Association Under the Texas Uniform Unincorporated Nonprofit Association Act
6.12.3 Unit Owner's Right to Inspect Books and Records of a Condominium Association Under the Texas Uniform Condominium Act
6.12.4 Lot Owner's Right to Inspect Books and Records of a Subdivision Association Under Chapter 209 of the Texas Property Code
6.12.5 Lot Owner's Right to Copies of Invoices for Attorneys Fees and Other Costs Under Chapter 209 of the Texas Property Code
6.13 Audits
6.14 Applicability of the Texas Open Meetings Act and Public Information Act to Certain Texas Homeowners Associations

CHAPTER 7: LEVYING AND COLLECTING ASSESSMENTS
7.1 In General
7.2 Authority of Homeowners Associations to Levy Assessments against Lots or Units
7.3 Obligation of Homeowners to Pay Assessments
7.4 Assessment of Late Fees and Interest
7.5 Reimbursement of Collection Costs and Attorneys Fees
7.5.1 Reimbursement of Collection Costs and Attorneys Fees Incurred by Subdivision Associations
7.5.2 Reimbursement of Collection Costs and Attorneys Fees Incurred by Condominium Associations
7.6 Creation, Scope, and Priority of Assessment Liens
7.6.1 Creation and Perfection of Assessment Liens
7.6.2 Scope of Assessment Liens
7.6.3 Priority of Assessment Liens
7.7 Foreclosure of Assessment Liens
7.7.1 Judicial Foreclosure of Assessment Liens
7.7.1 (A): Burden of Proof in a Judicial Foreclosure Lawsuit
7.7.1 (B): Conducting a Judicial Foreclosure Sale
7.7.1 (C): Advantages and Disadvantages of Judicial Foreclosure
7.7.2 Non-Judicial Foreclosure of Assessment Liens
7.7.2 (A): Appointment of a Trustee to Exercise Power of Sale
7.7.2 (B): Notice of Non-Judicial Foreclosure Sale
7.7.2 (C): Conducting a Non-Judicial Foreclosure Sale
7.7.2 (D): Advantages and Disadvantages of Non- Judicial Foreclosure
7.7.3 Post-Foreclosure Notice Requirements of Subdivision Associations
7.7.4 Statutory Restrictions on the Right to Foreclose Assessment Liens
7.8 Texas Constitutional Homestead Protection
7.8.1 Scope of Homestead Property and Invocation of Homestead Protection
7.8.2 Preemption of Homestead Protection by Preexisting Assessment Liens
7.9 Protection of Active Duty Military Service Members from Foreclosure
7.10 Homeowners' Right of Redemption Following a Foreclosure Sale
7.10.1 Redemption of a Lot Foreclosed by a Subdivision Association
7.10.1 (A): Redemption Procedures if a Foreclosed Lot is Purchased at the Foreclosure Sale by the Subdivision Association
7.10.1 (B): Redemption Procedures if a Foreclosed Lot is Purchased at the Foreclosure Sale by a Person or Entity other than the Subdivision Association
7.10.2 Redemption of a Unit Foreclosed by a Condominium Association
7.11 The Federal Fair Debt Collection Practices Act and the Texas Debt Collection Practices Act
7.11.1 Application of the Federal Fair Debt Collection Practices Act
7.11.2 Application of the Texas Debt Collection Practices Act
7.11.2 (A): Prohibited Debt Collection Practices
7.11.2 (B): Violations Resulting from Bona Fide Errors
7.11.2 (C): Use of Independent Third-Party Debt Collectors
7.11.2 (D): Liability for Violation of the Texas Debt Collection Practices Act
7.11.2 (E): Violation of the Texas Debt Collection Practices Act by Homeowners Associations
7.12 Filing of Bankruptcy by a Homeowner
7.12.1 Types of Bankruptcies
7.12.2 Automatic Stay Against Further Collection Efforts
7.12.3 Pre-Petition and Post-Petition Debt
7.12.4 Filing a Proof of Claim
7.12.5 Secured v. Unsecured Debt
7.12.6 Discharge of Debt Owed to a Homeowners Association and Payment of Claims
CHAPTER 8: ARCHITECTURAL COMMITTEES
8.1 In General
8.2 Establishment of an Architectural Committee
8.3 Promulgation of Architectural Guidelines
8.4 Architectural Review by Architectural Committees
8.5 Time Period for Approving or Denying a Proposed Construction Project
8.6 Authority of Architectural Committees to Grant a Variance
8.7 Limitations on the Authority of the Architectural Committee
8.8 Challenge of an Architectural Committee's Determination

CHAPTER 9: ENFORCEMENT OF RESTRICTIVE COVENANTS
9.1 In General
9.2 Interpretation of Restrictive Covenants
9.3 Parties Who May Enforce Restrictive Covenants
9.4 Procedural Due Process Requirements for Enforcement of Restrictive Covenants
9.4.1 Procedural Due Process Requirements for Enforcement of Restrictive Covenants by Subdivision Associations Under Chapter 209
9.4.2 Procedural Due Process Requirements for Enforcement of Restrictive Covenants by Condominium Associations Under the Texas Uniform Condominium Act
9.5 Enforcement of Restrictive Covenants by Non-Judicial Procedures: Self-Help Remedies and Assessment of Fines
9.5.1 Remediation of a Restrictive Covenant Violation by Exercise of Self-Help Remedies
9.5.2 Assessment of Fines Against a Homeowner for Violation of a Restrictive Covenant
9.5.2 (A): Assessment of Fines by Condominium Associations
9.5.2 (B): Assessment of Fines by Subdivision Associations
9.6 Enforcement of Restrictive Covenants by Judicial Proceeding
9.7 Affirmative Defenses to Judicial Enforcement of Restrictive Covenants: Statute of Limitations and Abandonment and Waiver
9.7.1 Statute of Limitations
9.7.2 Abandonment and Waiver
9.7.2 (A): Standard for Abandonment and Waiver
9.7.2 (B): Effect of a Non-Waiver Declaration Provision on an Abandonment and Waiver Defense
9.8 Reimbursement of Attorneys Fees Incurred in Restrictive Covenant Enforcement
9.8.1 Contractual Authority for Recovery of Attorneys Fees Incurred in Restrictive Covenant Enforcement
9.8.2 Statutory Authority for Recovery of Attorneys Fees Incurred in Restrictive Covenant Enforcement
9.8.2 (A): Award of Attorneys Fees Under Section 5.006 of the Texas Property Code
9.8.2 (B): Award of Attorneys Fees Under Chapter 37 of the Texas Civil Practice and Remedies Code
9.8.2 (C): Award of Attorneys Fees Under the Texas Uniform Condominium Act
9.8.3 Collection of Attorneys Fees Incurred in Restrictive Covenant Enforcement
9.8.4 Procedural Due Process Requirements for Texas Subdivision Associations to Recover Attorneys Fees Incurred in Restrictive Covenant Enforcement
CHAPTER 10: FEDERAL AND STATE LAWS WHICH LIMIT OR RESTRICT THE ENFORCEMENT OF RESTRICTIVE COVENANTS
10.1 The Federal and Texas Fair Housing Acts
10.1.1 Discrimination on the Basis of Familial Status
10.1.2 Discrimination On the Basis of a Person's Handicap
10.1.2 (A): Requests for a Reasonable Modification
10.1.2 (B): Requests for a Reasonable Accommodation
10.1.3 Investigation and Enforcement of Alleged Fair Housing Act Violations
10.1.3 (A): Investigation of a Fair Housing Complaint
10.1.3 (B): Conciliation of a Fair Housing Complaint
10.1.3 (C): Determination of Reasonable Cause for a Housing Discrimination Charge
10.1.3 (D): Judicial Determination of a Housing Discrimination Charge
10.1.3 (E): Administrative Determination of a Housing Discrimination Charge
10.1.3 (F): Housing Discrimination Lawsuit Brought by an Aggrieved Person
10.2 Americans with Disabilities Act
10.3 The Federal Communications Commission's Over-the-Air Reception Devices Rule (OTARD Rule)
10.3.1 Scope of Antennas Protected by the OTARD Rule
10.3.2 Exceptions to the OTARD Rule
10.3.3 Waiver of the OTARD Rule and Petition for Determination
10.4 Freedom to Display the American Flag Act
10.5 Texas Community Homes for Disabled Persons Location Act
10.6 Protection of Solid-Waste Composting, Rain Barrels, and Irrigation Systems Under Section 202.007 of the Texas Property Code
10.7 Regulations on the Display of Political Signs under Section 202.009 of the Texas Property Code
10.8 Additional Miscellaneous Restrictions on the Enforcement of Certain Restrictive Covenants under the Texas Property Code

CHAPTER 11: AMENDMENT OF GOVERNING DOCUMENTS
11.1 In General
11.2 Procedures for Amending Articles of Incorporation under the Texas Nonprofit Corporation Law
11.2.1 Procedures for Approving an Amendment to the Articles of Incorporation
11.2.1 (A): Amendment Procedure if a Nonprofit Corporation HOA is Managed by a Board of Directors
11.2.1 (B): Amendment Procedure if a Nonprofit Corporation HOA is Managed by its Members without a Board of Directors
11.2.2 Procedures for Amending the Articles of Incorporation with the Texas Secretary of State
11.3 Procedures for Amending Bylaws Under the Texas Nonprofit Corporation Law
11.4 Procedures for Amending a Condominium Declaration Under the Texas Uniform Condominium Act
11.4.1 General Rules for Amendment of a Condominium Declaration
11.4.2 Amendments to a Condominium Declaration that Require No Vote of Unit Owners
11.4.3 Amendments to a Condominium Declaration that Require Approval of One Hundred Percent of the Unit Owners
11.4.4 Procedures for Approval of an Amendment to a Condominium Declaration by Unit Owners
11.5 Procedures for Extending or Modifying a Declaration of a Residential Subdivision Development Located in either: a City with a Population of More than 100,000; in Brazoria, Fort Bend, Galveston, Liberty, Montgomery, or Waller Counties; or in an Unincorporated Area of Harris County Under Chapter 201 of the Texas Property Code
11.5.1 Applicability of Chapter 201 Procedures
11.5.2 Procedures for Extension, Creation, Addition to, and/or Modification of a Declaration under Chapter 201
11.5.2 (A): Creation of a Chapter 201 Petition Committee
11.5.2 (B): Required Contents of a Chapter 201 Petition
11.5.2 (C): Approval of a Chapter 201 Petition by Requisite Number of Lot Owners
11.5.2 (D): Binding Affect and Effective Date of a Chapter 201 Petition
11.5.2 (E): Notice of a Filed Chapter 201 Petition and Certificate of Compliance
11.5.3 Exclusion of Lots from Applicability of a Declaration that is Extended, Renewed, Created, Added to, or Modified under Chapter 201
11.5.4 Judicial Challenge of a Chapter 201 Petition's Compliance with the Procedural Requirements of Chapter 201 or to Exclude a Lot From Application of an Extended, Modified, Added to, or Created Declaration
11.6 Procedures for Extending or Modifying a Declaration of a Residential Subdivision Development and/or establishing a mandatory-membership Homeowners Association in Harris, Brazoria, Galveston, and Montgomery Counties Under Chapter 204 of the Texas Property Code
11.6.1 Declarations that may be Extended or Modified under the Procedures Set Forth by Chapter 204
11.6.2 Procedures for Extension, Modification, and Addition to an Existing Declaration under Chapter 204
11.6.2 (A): Approval and Circulation of a Chapter 204 Declaration Petition by the Board of Directors
11.6.2 (B): Approval of a Chapter 204 Declaration Petition by Lot Owners
11.6.2 (C): Recording a Chapter 204 Declaration Petition
11.6.3 Procedures for Creation of a Subdivision Association Under Chapter 204
11.6.3 (A): Creation of a Chapter 204 Subdivision Association Petition Committee
11.6.3 (B): Circulation and Approval of a Chapter 204 Subdivision Association Petition by Lot Owners
11.6.4 Vesting of Architectural Control Authority in Certain Applicable Subdivision Developments
11.7 Procedures for Amending a Declaration for Certain Limited Purposes by a Board of Directors of a Texas Homeowners Association Located in Texas Counties With a Population of 65,000 or More Under Chapter 205 of the Texas Property Code
11.8 Procedures for Extending a Declaration Applicable to the Clear Lake City Community Association in Harris County, Texas, Under Chapter 206 of the Texas Property Code
11.9 Procedures for Amendment and Termination of a Declaration in a Historic Neighborhood in the Houston Heights Area of the City of Houston Under Chapter 208 of the Texas Property Code
11.9.1 Applicability of Chapter 208 to Historic Neighborhoods
11.9.2 Procedures for Amendment or Termination of a Historic Preservation Declaration
11.9.3 Defenses to Enforcement of a Historic Preservation Declaration
11.10 Procedures for Extension or Modification of a Declaration Applicable to a Residential Subdivision Development in Brazoria and Matagorda Counties Under Chapter 210 of the Texas Property Code
11.10.1 Amendment Procedures under Chapter 210
11.10.2 Certification of Results of Vote and Binding Effect of an Approved Chapter 210 Petition
11.11 Procedures for Amendment or Modification of Certain Limited Declarations Applicable to Residential Subdivision Developments in Unincorporated Areas of Texas Counties With a Population of Less Than 65,000 Under Chapter 211 of the Texas Property Code

CHAPTER 12: RIGHTS AND DUTIES OF TEXAS HOMEOWNERS
12.1 Mandatory Membership in the Homeowners Association
12.2 Duty to Comply with a Declaration and Pay Assessments
12.3 Duty of a Unit Owner to Disclose Certain Information to a Condominium Association
12.4 Right to Notice of Meetings of a Homeowners Association Incorporated as a Nonprofit Corporation
12.5 Right to Inspect and Copy Books and Records of the Homeowners Association
12.5.1 Right of Member-Homeowners to Inspect Books and Records of a Nonprofit Corporation HOA under the Texas Nonprofit Corporation Law
12.5.2 Right of Members to Inspect Books and Records of a Nonprofit Association Under the Texas Uniform Unincorporated Nonprofit Association Act
12.5.3 Right of Unit Owners to Inspect Books and Records of a Condominium Association under the Texas Uniform Condominium Act
12.5.4 Right of Lot Owners to Inspect Books and Records of a Subdivision Association under Chapter 209 of the Texas Property Code
APPENDIX
Appendix A: Glossary of Terms
Appendix B: Index of Authorities
Appendix C: Sample Annual Membership Meeting Notice
Appendix D: Sample Special Membership Meeting Notice
Appendix E: Sample Proxy for a Membership Meeting
Appendix F: Sample Minutes from a Board of Directors Meeting
Appendix G: Sample Minutes from an Annual Membership Meeting
Appendix H: Brief Summary of Robert's Rules of Order (for use at a regular or special Membership Meeting)
Appendix I: Sample Agenda For Chapter 209 Hearing Before the Board of Directors
Appendix J: Sample Management Certificate Form in Accordance With Chapter 82 of the Texas Property Code (for use by Condominium Associations)
Appendix K: Sample Management Certificate Form in Accordance With Chapter 209 of the Texas Property Code (for use by Subdivision Associations)
Appendix L: Sample Resale Certificate Form in Accordance With Chapter 82 of the Texas Property Code (for use by Condominium Associations)
Appendix M: Sample Resale Certificate Form in Accordance With Chapter 207 of the Texas Property Code (for use by Subdivision Associations)
Appendix N: Sample First Notice of Past Due Assessments Letter (for use by Homeowners Associations)
Appendix O: Sample Notice of Assessment Lien for Non-Payment of Assessments (for use by Condominium Associations)
Appendix P: Sample Notice of Assessment Lien for Non-Payment of Assessments (for use by Subdivision Associations)
Appendix Q: Sample Notice of Payment of Amounts Secured by Assessment Lien
Appendix R: Sample Architectural Committee Submission Form
Appendix S: Sample Notice of Restrictive Covenant Violation Letter (for use by Condominium Associations)
Appendix T: Sample Notice of Restrictive Covenant Violation Letter with Chapter 209 Hearing Notice (for use by Subdivision Associations)
Appendix U: Sample Notice of Fine or Charge Letter in Accordance With Chapter 82 of the Texas Property Code (for use by Condominium Associations)
Appendix V: Sample Notice of Fine or Charge Letter in Accordance With Chapter 209 of the Texas Property Code (for use by Subdivision Associations)
Appendix W: Links to Texas Homeowners Association Online Resources, Statutes, and Forms
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