Sec. 209.00505.  ARCHITECTURAL REVIEW AUTHORITY.  (a)  In this section, "architectural review authority" means the governing authority for the review and approval of improvements within a subdivision.
(b)  This section:
(1)  applies only to a property owners' association that consists of more than 40 lots; and
(2)  does not apply during a development period or during any period in which the declarant:
(A)  appoints at least a majority of the members of the architectural review authority or otherwise controls the appointment of the architectural review authority; or
(B)  has the right to veto or modify a decision of the architectural review authority.
(c)  A person may not be appointed or elected to serve on an architectural review authority if the person is:
(1)  a current board member;
(2)  a current board member's spouse; or
(3)  a person residing in a current board member's household.
(d)  A decision by the architectural review authority denying an application or request by an owner for the construction of improvements in the subdivision may be appealed to the board.  A written notice of the denial must be provided to the owner by certified mail, hand delivery, or electronic delivery.  The notice must:
(1)  describe the basis for the denial in reasonable detail and changes, if any, to the application or improvements required as a condition to approval; and
(2)  inform the owner that the owner may request a hearing under Subsection (e) on or before the 30th day after the date the notice was mailed to the owner.
(e)  The board shall hold a hearing under this section not later than the 30th day after the date the board receives the owner's request for a hearing and shall notify the owner of the date, time, and place of the hearing not later than the 10th day before the date of the hearing.  Only one hearing is required under this subsection.
(f)  During a hearing, the board or the designated representative of the property owners' association and the owner or the owner's designated representative will each be provided the opportunity to discuss, verify facts, and resolve the denial of the owner's application or request for the construction of improvements, and the changes, if any, requested by the architectural review authority in the notice provided to the owner under Subsection (d).
(g)  The board or the owner may request a postponement.  If requested, a postponement shall be granted for a period of not more than 10 days.  Additional postponements may be granted by agreement of the parties.
(h)  The property owners' association or the owner may make an audio recording of the meeting.
(i)  The board may affirm, modify, or reverse, in whole or in part, any decision of the architectural review authority as consistent with the subdivision's declaration.
Added by Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 11, eff. September 1, 2021.