Way OT-HOA vs. City of Austin

Walt Longmire

Well-Known Member
Gold Member
Jan 3, 2008
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This post involves two of OB’s favorite punching bags. HOA’s and the COA. haha. Last year the Texas Legislature passed SB 2038. It allows property owners in a municipality’s ETJ to file a petition with the city to require the city to release the property from that city’s ETJ. I live in a small subdivision (39 homes) within Austin’s ETJ. The HOA bd. wants to petition for the removal of the subdivision from the ETJ under this new law. The purpose seems to be generally to prevent our homes from being subject to any objectionable laws passed by the COA especially since we can’t vote in the city council elections.

I’ve reviewed the law and it appears pretty cut and dried with little specifics on the form and wording of the petition. I was wondering if anyone on OB has been involved in one of these petitions with their property or subdivision. I’m wanting to get a copy of a successful petition to help us draft one for our situation.
 

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