Big news in TEXAS this week!

[GilligansGirls]

NTW thank you for all your research. Most of it was old news but it was good to have references.
I did post a comment on the hoareform site asking about SB 1620 and if the terms used excludes HOA's. I'll let y'all know when, and if, I get a reply.

For those of you battling with the boards and leaders of an HOA let me share what happened here so you know it can be done.
We had a tyrant making up his own rules and enforcing them with fines etc. We rallied, went door to door signing petitions, called a special meeting to vote them out and lo and behold they all resigned! We elected a new board that is all full time home owners with the same wants and concerns. They realized the management company was milking us dry, charging us for every stamp, phone call etc. and their lawyer was in on everything billing us as well. We realized that they were in it only to make a huge profit. So we became self managed from top to bottom and it is working great. Some people say the meetings are boring now because there are no fights breaking out!
So it can be done if you all get together for the common good. This actually is a nice place to live except for the darn antiquated regulation on poultry!

 

[NorthTexasWink]

GG, that is so inspiring!

 

[GilligansGirls]

Well I finally got some answers...unfortunately.
First I contacted the "HOAreformcoalition" and got this;
Attorney David Kahne's website http://texashoas.abouthoas.org/ has much information helpful to homeowners. In addition, at the top right is a link "Contact Info". Click on that and you can post your problem at no charge.

Beanie Adolph
HOA Reform Project Director
http://hoareformcoalition.org/
www.HOADATA.org
[email protected]
713-723-3284

So I contacted them and just got this. It looks s to me like one of those things that takes a politician or a lawyer. And even those two won't agree!

You asked: “ If an HOA is not in the city limits is it a "Political Subdivision"? How are those two terms defined? “
Short answer, I do not know, for purposes of a special session. Usually an HOA is not considered a political subdivision, such as for purposes of the Open Records Act and Open Meetings Act. Instead of being governed by municipal law, HOAs are governed by the Property Code.
This was a hard year for all HOA bills. Suspect it will be hard to get rights to backyard chickens into special session.

David A. Kahne
Law Office of David A. Kahne
P.O. Box 66386
Houston, Texas 77266
713-652-3966
713-252-7764 (cell)
713-652-5773 (fax)
[email protected]
CONFIDENTIALITY NOTICE: The electronic transmission (including any attached files) contains information that is legally privileged and confidential. If you are not the intended recipient or an authorized representative of the intended recipient, you are hereby notified that any review, disclosure, dissemination, copying, distribution, or taking action in reliance on the contents of this information is strictly prohibited. If you have received this e-mail in error, please immediately notify the sender by return e-mail or telephone and delete this e-mail from your computer system. Thank you.

 

[ChickenManny]

Here is the Texas Statute that defines what a political subdivision is. Any homeowners association located in the state of Texas is NOT a political subdivision. A homeowners association in the state of Texas is NOT a housing authority. A housing authority is a government agency, not any private institution.

We need to really press the author of SB1620 to include HOA's in the language of the bill, and get it attached to a bill that is deemed for the special session.

Sec. 172.003. DEFINITIONS. In this chapter:
(1) "Affiliated service contractor" means an organization qualified for exemption under Section 501(c), Internal Revenue Code (26 U.S.C. Section 501(c)), as amended, that provides governmental or quasi-governmental services on behalf of a political subdivision and derives more than 25 percent of its gross revenues from grants or funding from the political subdivision.
(2) "Employee" means a person who works at least 20 hours a week for a political subdivision.
(3) "Political subdivision" means a county, municipality, special district, school district, junior college district, housing authority, or other political subdivision of this state or any other state

 

[GilligansGirls]

Yeah CM that is what I was afraid of.
I just did a post in the Texas thread in kind of a mini-poll (since I can't do a real poll) trying to find out how many Texans can or cannot have BYC's and if they live in a city or an HOA?
https://www.backyardchickens.com/threads/texas.44/page-4179

 

[GilligansGirls]

Here is the poll
https://www.backyardchickens.com/threads/texas-poll.1183422/
Please vote and get all the fellow Texans you know to vote. If we get enough it might help sway the political powers to change the wording and push it through. They need to know that there are many of us wanting this even if you are allowed Chickens where you live your vote and voice will help those of us who can't!

 

[chanel_the_chicken]

anybody here in the south east houston area, specifically clear lake/webster area? i am excited about this but my hoa is saying 1)won't happen 2)their rules trump the city rules 3)i will be fined if i go by this (fingers cross it passes) law.....is this true

 

[chanel_the_chicken]

Good new guys.
I just had a meeting with the president of my Home Owners Association.
The answer we are all looking for is:

State Law wins!
All home owners association HAVE to abide (follow) state laws!

Chickens will soon be allowed EVERY WHERE is ALL of Texas!

The HOA's can restrict the number and still not allow only roosters BUT 6 hens will soon be allowed!!!

my hoa "law" (lol they think they are gods) is from the 60's, very outdated, but the president is telling me that was authors by van taylor died following sine die monday after the bill didn't go for a vote in the texas house of reps. and despite the local ordinances residents may still be prohibited from raising backyard chickens by their corresponding hoa.

 

[GilligansGirls]

Wel... channel_the_chicken... most all of the CC&R's are outdated, most are the same, our developer admitted that the one we have was "borrowed".
But right now it would appear that all is a moot point.
The Govener rules the special session and only the items that he lays out on the agenda are voted on on. He has line out his agenda and the "chicken bill" is not on it. What is on it is the bill for making it where cities can not regulate what a person does with trees on their property. Last I/we heard was that Sen Taylor was trying to get that the chicken bill written in with the tree bill. I have not heard if that was accomplished. And the other big BUT, is that it appears the way it was written, the terms useds HOA's. That might be cause for a legal battle.
I would say not to do what we did. Being naive, when we saw the press report saying they passed the Chicken bill we thought it was a done deal and jumped in, not realizing that it only passed the Senate. Our girls are now 11 weeks old and getting a little loud. We are praying that our two acres of trees will be enough to mask them we they start to lay.

 

[chanel_the_chicken]

thanks gillian's girls!!! i hope your trees do work out and that you have sweet understanding neighbors.