(a) This section applies only to a property owners’ association that:
(1) provides maintenance, preservation, and architectural control of residential and commercial property within a defined geographic area in a county with a population of 2.8 million or more or in a county adjacent to a county with a population of 2.8 million or more; and
(2) is a corporation that:
(A) is governed by a board of trustees who may employ a general manager to execute the association’s bylaws and administer the business of the corporation;
(B) does not require membership in the corporation by the owners of the property within the defined area; and
(C) was incorporated before January 1, 2006.
(b) A property owners’ association described by Subsection (a) may not bar a property owner from voting in an association election solely based on the fact that:
(1) there is a pending enforcement action against the property owner; or
(2) the property owner owes the association any delinquent assessments, fees, or fines.