[TRELA §1101.002] Further to receive or maintain a license, a business entity must designate an individual holding an active Texas real estate broker license, in good standing, who is an officer, manager, or general partner of the entity to act for it. [TRELA §1101.355 and …
About Course Search. The MCLE department maintains a listing of all continuing legal education activities that have been approved for Texas MCLE credit. This search form is primarily designed to help you find upcoming MCLE accredited activities to attend during your compliance year, and to verify course numbers for activities already attended.
Texas recently recognized HOA law as a sufficiently unique practice area to warrant state certification as a legal specialty. The official name for the practice is Property Owners Association Law, a sub-specialty of Real Estate Law in the classification system used by the Texas Board of Legal Specialization.
Jan 19, 2017 · Tips for new Texas lawyers in real estate law By Guest Blogger Jason B. Supplee on January 19, 2017. A new batch of Texas lawyers was sworn in this past November, and I realized that now would be a good time to share some pointers and direct my fellow colleagues to three key websites in the real estate law field.
The official name for the practice is Property Owners Association Law, a sub-specialty of Real Estate Law in the classification system used by the Texas Board of Legal Specialization. Eventually “POA” may replace “HOA” in common parlance as the generic term for any type of common interest entity, at least in Texas.
The condo statute has required open board meetings since 1998. The Texas Legislature passed a similar law for subdivision HOAs in 2011. The two statutes differ in specifics and exceptions, and neither gives HOA members the right to speak. Complying With HOA Documents.
HOA “control” means authority to elect or appoint at least a majority of the HOA’s directors. New HOAs are controlled by the developer who puts his or her own people on the board. Mature HOAs are controlled by an owner-elected board. The move from developer control to homeowner control is often bumpy.
They’re still working on it. “Townhome” is a word with many meanings. Texas cities define townhome for city purposes, such as zoning and building codes. State laws use the “T” word, but don’t define it. Most often townhome refers to a type of structure—homes attached side-to-side.
Best practice is to assume nothing from the “T” word and excavate the context in which it’s used. Common Areas. Folks often assume an HOA must own at least one common area to justify its existence. Not exactly. A subdivision HOA may govern a subdivision that has no common area.
If subdivision restrictions provide a lien and private power of sale, the subdivision HOA may foreclose nonjudicially (courthouse steps) but only by jumping through legal hoops that don’t pertain to condo HOAs.
Open Board Meetings. Folks know that HOA members have a legal right to attend HOA board meetings. The right doesn’t come from the Texas Open Meetings Act, which applies only to governmental entities. Nor does it come from corporation laws.