Texas Senate Bill SB749

Texas 2021 - 87th Regular

Caption

Relating to the foreclosure of property owners' association assessment liens on certain boarding home facilities.

Impact

This legislation is significant as it allows property owners' associations more leverage in addressing severe issues in boarding home facilities, particularly regarding resident safety. By enabling them to foreclose on properties under strict conditions tied to abuse or neglect, the bill aims to protect vulnerable residents and ensure that boarding homes uphold safety standards. A court must confirm abuse or neglect before a foreclosure can proceed, thereby adding a level of legal oversight.

Summary

Senate Bill 749 aims to amend the Texas Property Code to facilitate the foreclosure of property owners' association assessment liens on boarding home facilities where there are allegations of abuse or neglect of residents. The bill provides specific provisions allowing associations to judicially foreclose on properties if the associated debt consists solely of fines resulting from violations of the associations' rules that are tied to instances of neglect or abuse as defined in existing health and safety statutes.

Contention

Notable points of contention surrounding SB749 might include debates about the potential implications for property rights and the powers of property owners' associations. Critics may argue that providing such foreclosure powers could lead to abuses of authority and could unfairly penalize property owners for violations that they may not have directly caused or controlled. Supporters, however, would likely defend the bill as a necessary tool to protect residents in boarding homes and ensure accountability for property management.

Further_notes

The bill includes protections for individuals, stipulating that proceeds from any foreclosure sale can be awarded to victims of abuse or neglect. This aspect underscores the bill's intent to render justice for residents who suffer mistreatment and provides a financial remedy to those victims.