SB1943 and HOA Common Areas

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TexAg08
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SB1943 and HOA Common Areas

#1

Post by TexAg08 » Sat Apr 22, 2017 10:28 am

Charles,

If SB1943 is able to pass this session, will it have an effect on HOAs posting 30.06/30.07 in common areas? Or is it only in regards to having no firearms language present in the CC&Rs?

Thanks

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rtschl
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Re: SB1943 and HOA Common Areas

#2

Post by rtschl » Sat Apr 22, 2017 12:13 pm

TexAg08,

I don't think it would specifically address signage in common areas but would be interesting if it could be used to bolster 2A rights in common areas. But regardless of this bill it has been discussed here a lot that if common area is owned collectively by the homeowners that signage would not apply to an owner. Not giving legal advice but see the following thread that has links to other threads. One of Charles' comments below:
http://www.texaschlforum.com/viewtopic.php?t=87116
Charles L. Cotton wrote:Here is a lengthy discussion: http://www.texaschlforum.com/viewtopic. ... t=HOA+Chas.

Short answer: In a Condo, everyone owns a share of the common area. Outside condo projects, it depends on whether the HOA corporation owns it, or if all home owners own a share of the common area. If the HOA owns it, the can control it.

Chas.
Ron
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Topic author
TexAg08
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Posts in topic: 2
Posts: 68
Joined: Fri Jun 22, 2007 1:02 am

Re: SB1943 and HOA Common Areas

#3

Post by TexAg08 » Sun Apr 23, 2017 9:11 pm

rtschl wrote:TexAg08,

I don't think it would specifically address signage in common areas but would be interesting if it could be used to bolster 2A rights in common areas. But regardless of this bill it has been discussed here a lot that if common area is owned collectively by the homeowners that signage would not apply to an owner. Not giving legal advice but see the following thread that has links to other threads. One of Charles' comments below:
http://www.texaschlforum.com/viewtopic.php?t=87116
Charles L. Cotton wrote:Here is a lengthy discussion: http://www.texaschlforum.com/viewtopic. ... t=HOA+Chas.

Short answer: In a Condo, everyone owns a share of the common area. Outside condo projects, it depends on whether the HOA corporation owns it, or if all home owners own a share of the common area. If the HOA owns it, the can control it.

Chas.
Thanks for the reply. I was afraid that the bills text would not go far enough to eliminate signage from common areas. I've read in detail the post you quoted, and even had a thread last year regarding signage. I was hoping legislation would be brought forward this session dealing with these HOAs, but my hopes aren't high. My only leg to stand on at the moment is that our CCRs currently state that all homeowners are "entitled" to common areas/facilities.

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