HB-1025 passed the 86th Texas legislative process and parts of the 209 statute are changing, NOW. This Act takes effect September 1, 2019, except Section 209.00591(a-3), Property Code, as added by this Act, which was enacted on 6/14/2019. That was the day that Governor Abbott signed it. This will not effect any sitting board members, but when their terms are up, they must follow this law.

All future elections can no longer have husband/wife or other relative relationship persons, residing in the same home, running or elected. IMHO, that should have existed all along – too much nepotism. 209.0059 (a-3) states “(a-3) 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.”

I want to thank the HOA Reform Coalition for all their hard work on getting this passed. I would also like to thank Representative Bohac and Senator Whitmore for sponsoring this legislative change and Governor Greg Abbott for signing it. THAT was bipartisanship action, at it’s best!

This entry was posted in HOA POA Law, Homeowner Association News and tagged , , , . Bookmark the permalink.


  1. John L McPherson says:

    How will this apply to a board member’s wife who is paid to run the office for the association. She was selected by a previous board, but it is becoming an issue with some association members.

  2. Francesca Garcia says:

    I would like to have an item added to the agenda. Can it be added then removed because the Board does not want to address such issue.
    Example: Changing the number of members on the Board from 3-5. It was added to the agenda, then removed when date of meeting was changed.
    Reason: “We don’t feel like adding extra members at the moment.”

    • Admin says:

      Everything depends on what your governing documents say about that (deed restrictions, bylaws, etc). Your might say that items may be added up to xx hours (or days) prior to the meeting. Without having a copy of those governing documents, I cannot answer your question. Search those documents. There might even be something in them that allows residents to put something up for a vote, or on the agenda, based on xxx votes or signatures.

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