Sec. 209.003. APPLICABILITY OF CHAPTER

(a) This chapter applies only to a residential subdivision that is subject to restrictions or provisions in a declaration that authorize the property owners' association to collect regular or special assessments on all or a majority of the property in the subdivision.

(b) Except as otherwise provided by this chapter, this chapter applies only to a property owners' association that requires mandatory membership in the association for all or a majority of the owners of residential property within the subdivision subject to the association's dedicatory instruments.

(c) This chapter applies to a residential property owners' association regardless of whether the entity is designated as a "homeowners' association," "community association," or similar designation in the restrictions or dedicatory instrument.

(d) This chapter does not apply to a condominium development governed by Chapter 82.

Text of subsection as added by Acts 2011, 82nd Leg., R.S., Ch. 1217, Sec. 1

(e) The following provisions of this chapter do not apply to a property owners' association that is a mixed use master association that existed before January 1, 1974, and that does not have the authority under a dedicatory instrument or other governing document to impose fines:

(1) Section 209.0058; and

(2) Section 209.00593.

Text of subsection as added by Acts 2011, 82nd Leg., R.S., Ch. 1026, Sec. 1

(e) The following provisions of this chapter do not apply to a property owners' association that is a mixed-use master association that existed before January 1, 1974, and that does not have the authority under a dedicatory instrument or other governing document to impose fines:

(1) Section 209.005(c);

(2) Section 209.0056;

(3) Section 209.0057;

(4) Section 209.0058; and

(5) Section 209.00592.

Text of subsection as added by Acts 2011, 82nd Leg., R.S., Ch. 1142, Sec. 6, and Ch. 1282, Sec. 1

(e) Section 209.0062 does not apply to a property owners' association that is a mixed-use master association that existed before January 1, 1974, and that does not have the authority under a dedicatory instrument or other governing document to impose fines.

Text of subsection as added by Acts 2011, 82nd Leg., R.S., Ch. 1217 , Sec. 1 (e) The following provisions of this chapter do not apply to a property owners' association that is a mixed use master association that existed before January 1, 1974, and that does not have the authority under a dedicatory instrument or other governing document to impose fines: (1) Section 209.0058; and (2) Section 209.00593. Text of subsection as added by Acts 2011, 82nd Leg., R.S., Ch. 1026 , Sec. 1 (e) The following provisions of this chapter do not apply to a property owners' association that is a mixed-use master association that existed before January 1, 1974, and that does not have the authority under a dedicatory instrument or other governing document to impose fines: (1) Section 209.005(c); (2) Section 209.0056; (3) Section 209.0057; (4) Section 209.0058; and (5) Section 209.00592. Text of subsection as added by Acts 2011, 82nd Leg., R.S., Ch. 1142 , Sec. 6, and Ch. 1282 , Sec. 1 (e) Section 209.0062 does not apply to a property owners' association that is a mixed-use master association that existed before January 1, 1974, and that does not have the authority under a dedicatory instrument or other governing document to impose fines. Added by Acts 2001, 77th Leg., ch. 926, Sec. 1, eff. Jan. 1, 2002. Amended by: Acts 2007, 80th Leg., R.S., Ch. 1367 , Sec. 7, eff. September 1, 2007. Acts 2011, 82nd Leg., R.S., Ch. 1026 , Sec. 1, eff. January 1, 2012. Acts 2011, 82nd Leg., R.S., Ch. 1142 , Sec. 6, eff. January 1, 2012. Acts 2011, 82nd Leg., R.S., Ch. 1217 , Sec. 1, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 1282 , Sec. 1, eff. January 1, 2012.