Texas 2023 - 88th Regular

Texas House Bill HB614

Filed
11/14/22  
Out of House Committee
3/31/23  
Voted on by House
5/9/23  
Out of Senate Committee
5/22/23  
Voted on by Senate
5/23/23  
Governor Action
6/12/23  

Caption

Relating to property owners' association fines.

Impact

The implementation of HB 614 will have significant implications for the operations of property owners' associations throughout Texas. By requiring these associations to communicate their policies transparently, property owners will gain better awareness of the rules that govern their communities. This legislation is seen as a necessary measure to give residents a clearer understanding of their responsibilities and the potential repercussions of non-compliance, ultimately promoting fairer treatment within the community governance framework.

Summary

House Bill 614 aims to enhance transparency regarding fines levied by property owners' associations (POAs) in Texas. The bill requires associations to adopt an enforcement policy that clearly outlines the categories of violations for which fines may be imposed and the corresponding schedule of fines for each category. By mandating this clarity, the bill seeks to protect property owners from potentially excessive or unexpected fines and the arbitrary enforcement of regulations frequently seen in many associations across the state. The policy must also ensure that property owners are adequately informed about their obligations and the penalties for violations.

Sentiment

The sentiment surrounding House Bill 614 appears to be generally positive among lawmakers, particularly as it addresses long-standing issues related to the lack of transparency in homeowners' associations. Proponents of the bill, including representatives from various advocacy groups, argue that it provides essential protections for homeowners and promotes equitable treatment against seemingly arbitrary fines. However, some voices of dissent have emerged from within the community association sector, with concerns raised about the potential administrative burdens that could arise from enforcing the stipulations of this new legislation.

Contention

Notable points of contention include the opposition from some community association advocates who fear that the bill may limit the ability of HOAs to manage violations effectively. These opponents argue that while transparency is important, this legislation could hinder associations' abilities to maintain community standards if they are overly constrained by the mandatory policies. Furthermore, discussions have been focused on the balance of power between property owners and associations, emphasizing the need to ensure local governance structures are not overly restricted while still protecting homeowners’ rights.

Texas Constitutional Statutes Affected

Property Code

  • Chapter 209. Texas Residential Property Owners Protection Act
    • Section: 0061
    • Section: 0061
    • Section: 0061
    • Section: 0061
    • Section: 0061

Companion Bills

No companion bills found.

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