SB1034 - 452R - House Bill Summary

House of Representatives

SB 1034

homeowners' associations; applicability; charter schools

Sponsors: Senators Gerard, Aguirre

dpa	Committee on Education
w/d	Committee on Retirement and Government Operations
dpa	Caucus and COW
dpa	Third Read
x	As Passed the House

SB 1034 prohibits a homeowners’ association (HOA) from regulating a school as well as prohibits a school, except home schools, from establishing within the living units or common areas of an HOA, unless the school and the HOA sign a contractual agreement.

History

Laws 1994, Chapter 310 established regulations pertaining to the formation and operation of master planned communities’ HOAs. These statutes define what qualifies as a master planned community, allow for penalties on a past due assessment and for a violation of the declaration, bylaws or rules, specify the conditions for closed meetings, specify conditions for disclosure and examination of financial records and require specified information to be furnished upon the resale of a unit.

Oftentimes, an HOA's codes, covenants and restrictions (CC&R’s) will govern the use of property for residential and/or commercial purposes in planned community HOAs. If a school is located in a planned community HOA, the CC&R’s may conflict with what the school is willing to do and financially capable of doing with regards to its property. S.B. 1034 specifies that planned community statutes do not apply to schools, including charter schools. The legislation also prohibits the establishment of schools within the living units or common areas of HOAs, with the exception of home schools.

Provisions

· Specifies that planned community statutes do not apply to schools, including charter schools.

· Exempts schools from regulation by an HOA.

· Prohibits a school, except home schools, from being established within the living units or common areas of an HOA.

· Declares that schools are additionally exempt from any enforcement action of the HOA.

· Allows an HOA to enter into a contractual agreement with a school district or charter school to allow the use of the common areas of the HOA by the school district or charter school.

· Clarifies that only schools funded by the State are affected.

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· 45th Legislature