Section 552.0036 - Certain Property Owners' Associations Subject to Law A property owners' association is subject to this chapter in the same manner as a governmental body:
(1) if:(A) membership in the property owners' association is mandatory for owners or for a defined class of owners of private real property in a defined geographic area in a county with a population of 2.8 million or more or in a county adjacent to a county with a population of 2.8 million or more;(B) the property owners' association has the power to make mandatory special assessments for capital improvements or mandatory regular assessments; and(C) the amount of the mandatory special or regular assessments is or has ever been based in whole or in part on the value at which the state or a local governmental body assesses the property for purposes of ad valorem taxation under Section 20, Article VIII, Texas Constitution; or(2) if the property owners' association:(A) provides maintenance, preservation, and architectural control of residential and commercial property within a defined geographic area in a county with a population of 2.8 million or more or in a county adjacent to a county with a population of 2.8 million or more; and(B) is a corporation that: (i) is governed by a board of trustees who may employ a general manager to execute the association's bylaws and administer the business of the corporation;(ii) does not require membership in the corporation by the owners of the property within the defined area; and(iii) was incorporated before January 1, 2006.Tex. Gov't. Code § 552.0036
Amended By Acts 2007, 80th Leg., R.S., Ch. 1367, Sec. 2, eff. 9/1/2007.Added by Acts 1999, 76th Leg., ch. 1084, Sec. 2, eff. 9/1/1999. Renumbered from Sec. 552.0035 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(51), eff. 9/1/2001.