Texas Homeowners Association Law
Texas POA Website Laws: A Guide to Online Info Requirements
The state of Texas has established a comprehensive set of laws and regulations to ensure that property owners' associations (POAs) and their members have access to transparent and readily available information. A vital part of these regulations focuses on the availability of online subdivision information. In this article, we will explore Section 207.006 of the Texas Property Code, which sets forth the requirements for POAs to maintain a web presence and make specific information accessible to their members online.
Understanding the Organization
According to Texas law, organizations commonly referred to as "homeowners' associations" or "HOAs" are officially known as "property owners' associations." Section 202.001 of the Texas Property Code defines a POA as an incorporated or unincorporated association primarily comprising property owners. Its role is to provide a mechanism for property owners, or their board of directors or a similar governing body, to manage or regulate residential subdivisions, planned unit developments, condominiums, townhouse complexes, and other similar developments.
Who Does Section 207.006 Apply To?
This section applies to property owners' associations that fulfill the following criteria:
- Subdivision Size: The POA must be associated with a subdivision consisting of at least 60 lots. This size requirement means that smaller subdivisions might not be subject to the same obligations.
- Management Company: This law also applies to any POA that contracts with a management company. The association remains responsible for ensuring compliance with Section 207.006.
Online Subdivision Information Requirements
What does Section 207.006 entail for these POAs?
Availability of Dedicatory Instruments
The association must make the most current version of its dedicatory instruments related to the association or subdivision accessible online.
Example: Your website could feature a 'Documents' section where you upload PDFs of your bylaws, articles of incorporation, and other pertinent documents.
Internet Website
The POA must maintain a website, either managed directly by the association or a contracted management company, where these documents are available.
Example: A basic HOA website with secure member login could meet this requirement.
Access for Association Members
All information made available online should be accessible to every member of the association.
Example: Implement a secure login system where verified members can access these documents.
Why is Online Information Access So Crucial?
Providing online access to dedicatory instruments and related documents serves multiple key purposes:
- Transparency: Making these documents available online fosters operational and decision-making transparency.
- Accessibility: Association members can easily find and refer to essential documents, preventing misunderstandings or disputes.
- Accountability: Offering these documents online reinforces the association's accountability to its members.
- Efficiency: Providing online access reduces the administrative burden on both the association and its members.
Frequently Asked Questions (FAQs)
- What is considered a dedicatory instrument?
- A dedicatory instrument is any written document that establishes the rules and governing framework of a POA. This includes bylaws, covenants, conditions, and restrictions (CC&Rs), and articles of incorporation.
- How often does a POA need to update their online documents?
- The most current version of all dedicatory instruments should be made available online. Any updates or amendments should be uploaded promptly.
- What are the penalties for non-compliance?
- Failure to comply can result in legal consequences, such as fines and lawsuits. Consult legal advice for full understanding.
In summary, Section 207.006 of the Texas Property Code emphasizes the importance of transparency and accessibility in POAs. Compliance with this law fosters a well-informed and harmonious living environment for all residents.
Additional Resources
To further assist you in understanding and complying with Section 207.006, here are some useful links and resources:
Legal Resources
Government Websites
Tools and Services
Help and Support
Please note: Always consult with a legal professional for the most accurate and personalized advice
