TX
Texas House Bill HJR76

Texas 2009 - 81st Regular

Texas House Bill HJR76

Filed
 
Out of Senate Committee
 
Voted on by Senate
 
Sent toSOS
 
Proposed Const. Amend.
 

Caption

Proposing a constitutional amendment permitting an encumbrance to be fixed on homestead property for an obligation to pay certain property owners' association fees and prohibiting the forced sale of the homestead to pay those fees unless authorized by the members of the association in accordance with general law.

Impact

If implemented, this amendment would create a significant shift in the way homestead properties are treated concerning property owners' associations. Homeowners could find themselves with encumbrances associated with their association dues without fear of losing their property to foreclosure for such debts. This change aims to provide greater security for homeowners, particularly in situations where the property owners' association demands payments for common services or facilities, thereby ensuring that homeowners can maintain their residence even amidst financial difficulties related to these dues.

Summary

HJR76 proposes a constitutional amendment that allows for the establishment of an encumbrance on homestead properties for obligations relating to property owners' association fees and fines. The key provision of this amendment is that it protects homestead properties from being forced to sell in order to pay these debts. This means that while an encumbrance can be placed on a property for such fees, the owners cannot lose their homes solely for failing to pay these obligations, unless authorized by the association members per general law.

Contention

The proposal may face contention focused on the balance between homeowners' rights and the authority of property owners' associations. Proponents argue that this amendment serves as a necessary protection for homeowners, emphasizing that financial responsibilities to property associations should not result in the loss of one’s home. Opponents, however, may express concerns regarding the broader implications on property management and the enforcement of dues, questioning whether this might lead to financial irresponsibility within associations due to the reduced consequences for non-payment.

Companion Bills

TX HB1977

Enabled by Relating to encumbrances that may be fixed on homestead property.

Previously Filed As

TX HJR29

Proposing a constitutional amendment providing that a residence homestead is not subject to seizure or sale for delinquent ad valorem taxes.

TX HB4995

Relating to the authority of a municipality, county, or property owners' association to prohibit or regulate certain activities on residence homestead property.

TX HB92

Relating to the authority of a municipality, county, or property owners' association to prohibit or regulate certain activities on residence homestead property.

TX SJR55

Proposing a constitutional amendment authorizing the legislature to provide that the appraised value of a residence homestead for ad valorem tax purposes is the market value of the property for the first year that the owner qualified the property for a homestead exemption or, if the owner purchased the property, the purchase price of the property.

TX HJR14

Proposing a constitutional amendment authorizing the legislature to provide that the appraised value of a residence homestead for ad valorem tax purposes for the first tax year that the owner of the property qualifies the property for a residence homestead exemption is the market value of the property and that, if the owner purchased the property, the purchase price of the property is considered to be the market value of the property for that tax year and to limit increases in the appraised value of the homestead for subsequent tax years based on the inflation rate.

TX SB36

Relating to property owners' associations, including condominium owners' associations.

TX SB1668

Relating to property owners' associations, including condominium owners' associations.

TX HB3503

Relating to property owners' associations, including condominium owners' associations.

TX SB48

Relating to property owners' associations, including condominium owners' associations.

TX HJR87

Proposing a constitutional amendment authorizing the legislature to limit the maximum appraised value of residential real property for ad valorem tax purposes to 105 percent or more of the appraised value of the property for the preceding tax year, to exempt from ad valorem taxation the total appraised value of property purchased by an individual for the first tax year the individual qualifies the property as the individual's residence homestead if the property is the individual's first residence homestead and has an appraised value of less than $300,000, and to limit the total amount of ad valorem taxes that a political subdivision may impose on the residence homestead of an individual and the surviving spouse of the individual if the individual qualifies the property as the individual's residence homestead for at least 25 consecutive tax years.

Similar Bills

No similar bills found.