House Bill No. 2398 amends the Texas Property Code to enhance the governance of property owners' associations. It introduces new provisions regarding the amendment of dedicatory instruments, allowing such amendments to be made by a majority vote of the owners of the lots subject to the instrument, unless a higher percentage is specified in the instrument itself. Additionally, if the dedicatory instrument includes quorum requirements, those requirements will apply to the voting process. The bill also empowers county attorneys to seek injunctive relief for violations of specific sections of the Property Code.

Furthermore, the bill establishes that the board of a property owners' association must act on behalf of the association in good faith and that board members and officers are considered fiduciaries, responsible for their actions and omissions. The amendments and new provisions will only apply to votes and actions occurring after the effective date of the Act, which is set for September 1, 2025.

Statutes affected:
Introduced: Property Code 209.0041, Property Code 209.00592, Property Code 209.00593 (Property Code 209)