Texas Senate Bill SB239

Texas 2009 - 81st Regular

• Filed: 11/10/08
• Out of Senate Committee: 3/9/09
• Voted on by Senate: 3/19/09
• Out of House Committee: 5/6/09

Caption

Relating to notice requirements in certain enforcement actions initiated by property owners' associations.

Impact

One of the primary impacts of SB239 is that it enhances the rights of property owners by requiring that notices be delivered personally or sent via certified mail, ensuring that owners can no longer claim ignorance of allegations against them. Furthermore, the bill mandates that notices specify not only the nature of the violation but also include a defined period within which owners must rectify the situation. This change aims to prevent arbitrary or overly aggressive enforcement by property associations, which previously could impose fines without affording owners the chance to correct the issue.

Summary

Senate Bill 239 seeks to establish clearer notice requirements concerning enforcement actions initiated by property owners' associations in the state of Texas. This legislation amends the Property Code by stipulating specific guidelines for notifications regarding violations, fines, or suspensions imposed on property owners. A significant focus of the bill is to ensure that property owners are adequately informed about the violations they are being accused of, along with the actions they must take to address these issues.

Contention

While proponents of SB239 argue that the bill is a necessary measure for protecting homeowners from unfair practices by property owners' associations, opponents may express concerns regarding the potential for added bureaucracy and delays in enforcement actions. The balance between enforcing community standards through associations and protecting individual homeowners' rights can lead to debates on how best to uphold the interests of both parties. Additionally, defining what constitutes a 'reasonable period' for compliance might become a contentious point in future interpretations of the law.