81R6312 AJA-F
By: England H.B. No. 2395
A BILL TO BE ENTITLED
AN ACT
relating to disclosure of certain information by a property owners'
association.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 207.003, Property Code, is amended by
amending Subsections (c) and (d) and adding Subsection (f) to read
as follows:
(c) A property owners' association may charge a reasonable
fee to assemble, copy, and deliver the information required by this
section and may charge a reasonable fee to prepare and deliver an
update of a resale certificate under Subsection (f).
(d) The property owners' association shall deliver the
information required by Subsection (a) or (f) to the person
specified in the written request. A written request that does not
specify the name and location to which the information is to be sent
is not effective. The property owners' association may deliver the
information required by Subsection (a) and any update to the resale
certificate required by Subsection (f) by mail, hand delivery, or
alternative delivery means specified in the written request.
(f) Not later than the seventh day after the date a written
request for an update to a resale certificate delivered under
Subsection (a) is received from an owner, owner's agent, or title
insurance company or its agent acting on behalf of the owner, the
property owners' association shall deliver to the owner, owner's
agent, or title insurance company or its agent an updated resale
certificate that contains the following information:
(1) if a right of first refusal or other restraint on
sale is contained in the restrictions, a statement of whether the
property owners' association waives the restraint on sale;
(2) the status of any unpaid special assessments,
dues, or other payments attributable to the owner's property; and
(3) any changes to the information provided in the
resale certificate issued under Subsection (a).
SECTION 2. The change in law made by this Act applies only
to a request for an updated resale certificate received by a
property owners' association on or after the effective date of this
Act. A request received before the effective date of this Act is
governed by the law in effect immediately before the effective date
of this Act, and that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2009.