Texas 2009 - 81st Regular

Texas Senate Bill SB1918

Filed
 
Out of Senate Committee
4/20/09  
Voted on by Senate
4/30/09  
Out of House Committee
5/11/09  
Voted on by House
5/13/09  
Governor Action
5/23/09  
Bill Becomes Law
 
Enrolled
5/14/09  

Caption

Relating to disclosure of certain information by a property owners' association.

Impact

The legislation significantly updates the practicality of how property owners' associations operate, particularly regarding the fees they can charge for preparing and delivering resale certificates. Under the new provisions, associations are permitted to charge 'reasonable' fees for the information, addressing previous concerns about excessive costs levied on homeowners. Additionally, the mandated time frame for delivering the updated resale certificate, within seven days of a request, is expected to increase the efficiency of real estate transactions and improve overall satisfaction among property owners seeking timely information.

Summary

SB1918 is designed to enhance the transparency and accountability of property owners' associations in Texas by mandating that these organizations disclose specific information when requested by homeowners or their representatives. This bill amends existing laws relating to the fee structure associated with obtaining and updating resale certificates—a critical document in real estate transactions that outlines any restrictions or obligations tied to a property. By imposing requirements on property owners' associations, the legislation aims to foster clearer communication and ensure that property owners have access to essential details regarding their properties before purchasing or selling.

Contention

Discussions surrounding SB1918 may highlight points of contention related to the definitions of 'reasonable fees' and the enforcement of timely information delivery. Critics might raise concerns that the vagueness in defining what constitutes reasonable could lead to varied interpretations, possibly resulting in disputes between homeowners and associations. Furthermore, the practicality of compliance within the proposed seven-day timeline could be a hurdle for some associations, especially those with limited administrative resources. These issues highlight the need for clear guidelines and enforcement mechanisms to ensure the legislation achieves its intended purpose without creating undue burdens.

Companion Bills

TX HB2395

Identical Relating to disclosure of certain information by a property owners' association.

Similar Bills

No similar bills found.