Texas 2009 - 81st Regular

Texas Senate Bill SB1918 Compare Versions

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Old	New	Differences
1	1	S.B. No. 1918
2	2
3	3
4	4	AN ACT
5	5	relating to disclosure of certain information by a property owners'
6	6	association.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 207.003, Property Code, is amended by
9	9	amending Subsections (c) and (d) and adding Subsections (f) and (g)
10	10	to read as follows:
11	11	(c) A property owners' association may charge a reasonable
12	12	fee to assemble, copy, and deliver the information required by this
13	13	section and may charge a reasonable fee to prepare and deliver an
14	14	update of a resale certificate under Subsection (f).
15	15	(d) The property owners' association shall deliver the
16	16	information required by Subsection (a) or (f) to the person
17	17	specified in the written request. A written request that does not
18	18	specify the name and location to which the information is to be sent
19	19	is not effective. The property owners' association may deliver the
20	20	information required by Subsection (a) and any update to the resale
21	21	certificate required by Subsection (f) by mail, hand delivery, or
22	22	alternative delivery means specified in the written request.
23	23	(f) Not later than the seventh day after the date a written
24	24	request for an update to a resale certificate delivered under
25	25	Subsection (a) is received from an owner, owner's agent, or title
26	26	insurance company or its agent acting on behalf of the owner, the
27	27	property owners' association shall deliver to the owner, owner's
28	28	agent, or title insurance company or its agent an updated resale
29	29	certificate that contains the following information:
30	30	(1) if a right of first refusal or other restraint on
31	31	sale is contained in the restrictions, a statement of whether the
32	32	property owners' association waives the restraint on sale;
33	33	(2) the status of any unpaid special assessments,
34	34	dues, or other payments attributable to the owner's property; and
35	35	(3) any changes to the information provided in the
36	36	resale certificate issued under Subsection (a).
37	37	(g) Requests for an updated resale certificate pursuant to
38	38	Subsection (f) must be made within 180 days of the date a resale
39	39	certificate is issued under Subsection (a). The update request may
40	40	be made only by the party requesting the original resale
41	41	certificate.
42	42	SECTION 2. The change in law made by this Act applies only
43	43	to a request for an updated resale certificate received by a
44	44	property owners' association on or after the effective date of this
45	45	Act. A request received before the effective date of this Act is
46	46	governed by the law in effect immediately before the effective date
47	47	of this Act, and that law is continued in effect for that purpose.
48	48	SECTION 3. This Act takes effect September 1, 2009.
49	49	______________________________ ______________________________
50	50	President of the Senate Speaker of the House
51	51	I hereby certify that S.B. No. 1918 passed the Senate on
52	52	April 30, 2009, by the following vote: Yeas 31, Nays 0.
53	53	______________________________
54	54	Secretary of the Senate
55	55	I hereby certify that S.B. No. 1918 passed the House on
56	56	May 13, 2009, by the following vote: Yeas 142, Nays 0, one
57	57	present not voting.
58	58	______________________________
59	59	Chief Clerk of the House
60	60	Approved:
61	61	______________________________
62	62	Date
63	63	______________________________
64	64	Governor