Big news in TEXAS this week!

[Kiki]

Where can you find that political subdividion = HOA

My understanding is political subdividions are water districts, hospitals, housing authorities (like san antonio housing authority for government housing), school districts, community college districts.

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You know, I assumed the person telling me this info was correct when they said that HOA's fall under political subdivisions.
Now that you have questioned this I am beginning to wonder.

hmmmm....I think we need an attorney to read this bill to us in english.
I think there is (member)an attorney here on BYC...let me see if I can track them down.

 

[jlivings]

Ok read it still not seeing it again not trying to stir the pot just want ammo when it passes against my hoa.

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[jlivings]

My background is a cop I read a lot of laws and had to learn about a lot of political subdivisions but never remember seeing hoas

Doesn't mean they aren't just might have been left out if our training since wasn't relevant

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[jlivings]

From Texas secretary of state website


Who regulates home or property owners' associations?
No state agency regulates home or property owners’ associations. The secretary of state’s office does not have the authority to investigate or regulate the internal activities of home or property owners’ associations and we cannot take any action against an association for failing to comply with its bylaws or governing documents. If the association is on file with our office, we can provide you with the information in our records. Depending on the organizational form of the entity, however, the home or property owners’ association may not be required to register with the secretary of state. For assistance in resolving these issues, you should consult your private attorney.

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[jlivings]

http://www.sos.state.tx.us/corp/hpoafaqs.shtml link

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[jlivings]

Agreed would like attorney to weigh in

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[Kiki]

OK so a MUD District...such as Harris County Municipal Utility District is a political subdivision. right?
If we lived in this "political subdivision" then the bill states we would be allowed to have chickens right?
Now if we lived in an HOA subdivision inside of this HC Mud "PS"...does the HOA have to follow the "PS" new rules?
I would think so.

 

[Kiki]

When this bill passes, it will be a law, and said PS..such as the MUD districts, towns, cities...will not be able to prohibit hens.
An HOA can not not follow the law...
The state law will be the state law...If the HOA is inside of a political sub (which I am going to guess that MOST are) then they have to abide by this law. period.

The bill doesn't say...people inside of these political subdivisions will have the right to choose to follow this law or not.


right?

We are way overthinking this...

 

[Kiki]

The 1914 AG Opinion applies the test for “political subdivision” to a special assessment district by looking at whether the district’s functions are “public.” Shamberg cites language stating that the “words ‘political’ and ‘public’ are synonymous” and that an entity is a political subdivision if it exercises “public functions,”10 even if it did not have each of the three enumerated sovereign powers.11 This language is the basis for determining if the entity is furthering a public purpose.

 

[Kiki]

What part of the article indicated it's aimed at HOA's I hope your right as I line in a oppressive HOA subdivision.

I just don't seem to see it please help me see what I'm missing.

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read article B....
of the bill...back in the second post.