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(a)
In this section, “architectural review authority” means the governing authority for the review and approval of improvements within a subdivision.
(b)
This section:
applies only to a property owners’ association that consists of more than 40 lots; and
does not apply during a development period or during any period in which the declarant:
(A)
appoints at least a majority of the members of the architectural review authority or otherwise controls the appointment of the architectural review authority; or
(B)
has the right to veto or modify a decision of the architectural review authority.
(c)
A person may not be appointed or elected to serve on an architectural review authority if the person is:
a current board member;
a current board member’s spouse; or
a person residing in a current board member’s household.
(d)
A decision by the architectural review authority denying an application or request by an owner for the construction of improvements in the subdivision may be appealed to the board. A written notice of the denial must be provided to the owner by certified mail, hand delivery, or electronic delivery. The notice must:
describe the basis for the denial in reasonable detail and changes, if any, to the application or improvements required as a condition to approval; and
inform the owner that the owner may request a hearing under Subsection (e) on or before the 30th day after the date the notice was mailed to the owner.
(e)
The board shall hold a hearing under this section not later than the 30th day after the date the board receives the owner’s request for a hearing and shall notify the owner of the date, time, and place of the hearing not later than the 10th day before the date of the hearing. Only one hearing is required under this subsection.
(f)
During a hearing, the board or the designated representative of the property owners’ association and the owner or the owner’s designated representative will each be provided the opportunity to discuss, verify facts, and resolve the denial of the owner’s application or request for the construction of improvements, and the changes, if any, requested by the architectural review authority in the notice provided to the owner under Subsection (d).
(g)
The board or the owner may request a postponement. If requested, a postponement shall be granted for a period of not more than 10 days. Additional postponements may be granted by agreement of the parties.
(h)
The property owners’ association or the owner may make an audio recording of the meeting.
(i)
The board may affirm, modify, or reverse, in whole or in part, any decision of the architectural review authority as consistent with the subdivision’s declaration.
Added by Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588 ), Sec. 11, eff. September 1, 2021.
Source:
Section 209.00505 — Architectural Review Authority , https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm#209.00505 (accessed May 26, 2025).
209.001
Short Title
209.002
Definitions
209.003
Applicability of Chapter
209.004
Management Certificates
209.005
Association Records
209.006
Notice Required Before Enforcement Action
209.007
Hearing Before Board
209.008
Attorney’s Fees
209.009
Foreclosure Sale Prohibited in Certain Circumstances
209.010
Notice After Foreclosure Sale
209.011
Right of Redemption After Foreclosure
209.012
Restrictive Covenants Granting Easements to Certain Property Owners’ Associations
209.013
Authority of Association to Amend Dedicatory Instrument
209.014
Mandatory Election Required After Failure to Call Regular Meeting
209.015
Regulation of Land Use: Residential Purpose
209.016
Regulation of Residential Leases or Rental Agreements
209.017
Justice Court Jurisdiction
209.0041
Adoption or Amendment of Certain Dedicatory Instruments
209.0042
Methods of Providing Notices to Owners
209.0051
Open Board Meetings
209.0052
Association Contracts
209.0055
Voting
209.0056
Notice of Election or Association Vote
209.0057
Recount of Votes
209.0058
Ballots
209.0059
Right to Vote
209.0061
Association Policy
209.0062
Alternative Payment Schedule for Certain Assessments
209.0063
Priority of Payments
209.0064
Third Party Collections
209.0065
Credit Reporting Services
209.0091
Prerequisites to Foreclosure: Notice and Opportunity to Cure for Certain Other Lienholders
209.0092
Judicial Foreclosure Required
209.0093
Removal or Adoption of Foreclosure Authority
209.0094
Assessment Lien Filing
209.00505
Architectural Review Authority
209.00591
Board Membership
209.00592
Voting
209.00593
Election of Board Members
209.00594
Tabulation of and Access to Ballots
Up to date
Verified:
May 26, 2025
§ 209.00505. Architectural Review Auth.'s source at
texas.gov
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Location:
https://texas.public.law/statutes/tex._prop._code_section_209.00505
Original Source:
Section 209.00505 — Architectural Review Authority ,
https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm#209.00505
(last accessed May 10, 2025).
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Reference only — not legal advice. Verify the current official text on leg.state.fl.us before citing. Printed from Common Elements (May 22, 2026).