The legal authority of a condominium association largely stems from the bylaws that the association establishes. Those bylaws help govern the relationship between the association and individual property owners. They also help clarify the obligations that property owners have to the community. The association must ensure consistent enforcement of bylaws to retain its legal authority to enforce rules.
Bylaws are not static written works that remain the same indefinitely. They should be dynamic and change as laws and housing circumstances evolve. How often should condominium associations in Texas review and revise their bylaws?
Reviews every three to five years are advisable
There is no set timeline for reviewing and updating existing Association bylaws. Texas state statutes governing condominium association bylaws do not require a specific frequency of bylaw reviews.
That being said, changing expectations regarding community amenities and housing standards can render bylaws outdated in a matter of a few years. Reviewing and updating bylaws every three to five years is generally considered the ideal practice for condominium associations and similar housing entities.
Generally speaking, associations must notify property owners of the upcoming review and make any adjustments at public meetings. Typically, any revisions to the existing bylaws require a two-thirds supermajority to pass. In most cases, the changes made cannot apply retroactively. The condominium association may need to offer property owners an opportunity to bring their units into compliance before engaging in enforcement efforts.
Working with legal professionals familiar with the complexities of condominium association statutes can help those operating condominium associations ensure that their bylaws properly protect the community. Updated bylaws can help prevent disputes and ensure the continued authority of the condominium association.