Texas Senate Bill SJR19

Texas 2011 - 82nd Regular

• Introduced: 1/31/11
• Refer: 2/2/11

Caption

Proposing a constitutional amendment permitting an encumbrance to be fixed on homestead property for an obligation to pay certain property owners' association fees and fines without permitting the forced sale of the homestead.

Impact

If enacted, the bill would amend Section 50 of Article XVI of the Texas Constitution to explicitly allow property owners' associations to secure debts through encumbrances on homesteads. This change would ensure that while property owners are obligated to pay these fees, they are safeguarded against losing their homes due to the forced sale for these debts. Supporters believe this balance is necessary to maintain the viability of property associations while protecting homeowners' rights.

Summary

SJR19 proposes a constitutional amendment in Texas allowing for encumbrances to be placed on homestead properties related to unpaid property owners' association (POA) fees and fines, while ensuring that such encumbrances do not lead to the forced sale of the homestead. This bill aims to provide a framework for managing debts owed to POAs without jeopardizing homeowners' primary residences, thereby offering increased protection for property owners against foreclosure due to unpaid fees.

Sentiment

The sentiment around SJR19 has generally been supportive among those advocating for property rights and homeowner protections. Many believe that it strikes an appropriate balance between the rights of property owners and the financial needs of property owners' associations. However, there are concerns from some stakeholders about the potential for this change to enable associations to exert excessive control over homeowners, leading to a rise in fees or unfair penalties.

Contention

A significant point of contention surrounding SJR19 lies in the implications it has for homeowners' autonomy versus the accountability of property owners' associations. Critics argue that while it provides some level of protection, it also allows associations greater leverage to impose financial obligations without recourse for homeowners. This concern reflects a broader debate on property rights and the role of associations in maintaining community standards, especially as it pertains to financial equity among homeowners.