Vote Recommendation | Economic Freedom | Property Rights | Personal Responsibility | Limited Government | Individual Liberty |
---|---|---|---|---|---|
Neutral | Neutral | Neutral | Neutral | Neutral | Neutral |
Relating to the operation
of certain property owners' associations.
No fiscal implication to the State is anticipated.
SB 1168 would make the following key changes to the
operation of property owners’ associations (POA) regulated under the Property
Code:
5/21/2015 update:
No changes have been made to this bill in House committee. The second chamber sponsor is Rep. Jason Villalba.
First chamber recommendation:
The
terms of a POA are between the association and its members. People who live in a neighborhood with a property owners associations have the right and responsibility to read the governing documents and agree to those documents as a condition of buying in that neighborhood. If the governing documents are unsatisfactory, prospective homeowners can choose a different neighborhood to live in. Association members can petition the association to make changes or seek a position on the board of directors to affect change directly.
The state's micromanaging of property owners associations is akin to dictating the terms of private contracts.
While we disagree with the underlying statute, we recognize that this legislation simply makes changes to terms the legislature has already set. As such, the bill itself does not offend our liberty principles and we remain neutral.