By: West S.B. No. 239
A BILL TO BE ENTITLED
AN ACT
relating to notice requirements in certain enforcement actions
initiated by property owners' associations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 209.006, Property Code, is amended by
amending Subsection (b) and adding Subsections (c) and (d) to read
as follows:
(b) The notice must:
(1) describe the violation or property damage that is
the basis for the suspension action, charge, or fine and state any
amount due the association from the owner; [and]
(2) inform the owner that the owner:
(A) is entitled to a reasonable period to cure
the violation and avoid the fine or suspension unless the owner was
given notice and a reasonable opportunity to cure a similar
violation within the preceding six months; and
(B) may request a hearing under Section 209.007
on or before the 30th day after the date notice was delivered to the
owner; and
(3) specify a date certain by which the owner must cure
the violation [receives the notice].
(c) Notice under Subsection (b) must be personally
delivered, sent by certified mail with a return receipt requested,
or delivered by the United States Postal Service with signature
confirmation service to the owner at the owner's last known address
as shown on the association's records.
(d) The date specified in the notice under Subsection (b)(3)
must provide a reasonable period for the owner to cure the
violation.
SECTION 2. This Act takes effect January 1, 2010.