81R342 AJA-D
By: West S.B. No. 238
A BILL TO BE ENTITLED
AN ACT
relating to the availability of a property owners' association's
books and records.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 209.005, Property Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) A property owners' association shall make the books and
records of the association, including financial records,
reasonably available to an owner in accordance with Section B,
Article 2.23, Texas Non-Profit Corporation Act (Article 1396-2.23,
Vernon's Texas Civil Statutes), or a successor to that statute.
(c) If a property owners' association subject to Subsection
(a) fails to comply with Subsection (a), an owner may seek one or
more of the following remedies:
(1) a court order directing the property owners'
association to provide the required information;
(2) a judgment against the property owners'
association for a penalty of not more than $1,500;
(3) a judgment against the property owners'
association for court costs and attorney's fees incurred in
connection with seeking a remedy under this section; or
(4) a judgment authorizing the owner or the owner's
assignee to deduct the amounts awarded under Subdivisions (2) and
(3) from any future regular or special assessments payable to the
property owners' association.
SECTION 2. Subsection (c), Section 209.005, Property Code,
as added by this Act, applies only to a property owners'
association's failure to comply with Subsection (a), Section
209.005, Property Code, on or after the effective date of this Act.
A property owners' association's failure to comply with that
subsection 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 January 1, 2010.