(a) Unless otherwise provided by the restrictions or the association’s articles of incorporation or bylaws, the property owners’ association, acting through its board of directors or trustees, may:
(1) adopt and amend bylaws;
(2) adopt and amend budgets for revenues, expenditures, and reserves and collect regular assessments or special assessments for common expenses from property owners;
(3) hire and terminate managing agents and other employees, agents, and independent contractors;
(4) institute, defend, intervene in, settle, or compromise litigation or administrative proceedings on matters affecting the subdivision;
(5) make contracts and incur liabilities relating to the operation of the subdivision and the property owners’ association;
(6) regulate the use, maintenance, repair, replacement, modification, and appearance of the subdivision;
(7) make additional improvements to be included as a part of the common area;
(8) grant easements, leases, licenses, and concessions through or over the common area;
(9) impose and receive payments, fees, or charges for the use, rental, or operation of the common area and for services provided to property owners;
(10) impose interest, late charges, and, if applicable, returned check charges for late payments of regular assessments or special assessments;
(11) if notice and an opportunity to be heard are given, collect reimbursement of actual attorney’s fees and other reasonable costs incurred by the property owners’ association relating to violations of the subdivision’s restrictions or the property owners’ association’s bylaws and rules;
(12) charge costs to an owner’s assessment account and collect the costs in any manner provided in the restrictions for the collection of assessments;
(13) adopt and amend rules regulating the collection of delinquent assessments and the application of payments;
(14) impose reasonable charges for preparing, recording, or copying amendments to the restrictions, resale certificates, or statements of unpaid assessments;
(15) purchase insurance and fidelity bonds, including directors’ and officers’ liability insurance, that the board considers appropriate or necessary;
(16) if the restrictions allow for an annual increase in the maximum regular assessment without a vote of the membership, assess the increase annually or accumulate and assess the increase after a number of years;
(17) subject to the requirements of the Texas Nonprofit Corporation Law, as described by § 1.008(d), Business Organizations Code, and by majority vote of its board of directors, indemnify a director or officer of the property owners’ association who was, is, or may be made a named defendant or respondent in a proceeding because the person is or was a director;
(18) if the restrictions vest the architectural control authority in the property owners’ association or if the authority is vested in the property owners’ association under § 204.011:
(A) implement written architectural control guidelines for its own use or record the guidelines in the real property records of the applicable county; and
(B) modify the guidelines as the needs of the subdivision change;
(19) exercise other powers conferred by the restrictions, its articles of incorporation, or its bylaws;
(20) exercise other powers that may be exercised in this state by a corporation of the same type as the property owners’ association; and
(21) exercise other powers necessary and proper for the governance and operation of the property owners’ association.
(b) Powers enumerated by this section are in addition to any other powers granted to a property owners’ association by this chapter or other law.

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Terms Used In Texas Property Code 204.010

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Property: means real and personal property. See Texas Government Code 311.005
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005