H.B. No. 2781
1-1 AN ACT
1-2 relating to rainwater harvesting and other water conservation
1-3 initiatives.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 447.004(c-1), Government Code, is
1-6 amended to read as follows:
1-7 (c-1) The procedural standards adopted under this section
1-8 must require that:
1-9 (1) on-site reclaimed system technologies, including
1-10 rainwater harvesting, condensate collection, or cooling tower blow
1-11 down, or a combination of those system technologies, for potable
1-12 and nonpotable indoor and outdoor water use [and landscape
1-13 watering] be incorporated into the design and construction of:
1-14 (A) each new state building with a roof area
1-15 measuring at least 10,000 square feet; and
1-16 (B) any other new state building for which the
1-17 incorporation of such systems is feasible; and
1-18 (2) rainwater harvesting system technology for
1-19 potable and nonpotable indoor and outdoor water use [and landscape
1-20 watering] be incorporated into the design and construction of each
1-21 new state building with a roof area measuring at least 50,000 square
1-22 feet that is located in an area of this state in which the average
1-23 annual rainfall is at least 20 inches.
1-24 SECTION 2. Section 341.042(b), Health and Safety Code, as
2-1 amended by Chapters 1311 (H.B. 3391) and 1240 (S.B. 1073), Acts of
2-2 the 82nd Legislature, Regular Session, 2011, is reenacted and
2-3 amended to read as follows:
2-4 (b) The commission by rule shall provide that if a structure
2-5 [is connected to a public water supply system and] has a rainwater
2-6 harvesting system and uses a public water supply for an auxiliary
2-7 water source [for indoor use], the structure must have appropriate
2-8 cross-connection safeguards.
2-9 SECTION 3. Sections 341.042(b-1) and (b-3), Health and
2-10 Safety Code, as added by Chapter 1240 (S.B. 1073), Acts of the 82nd
2-11 Legislature, Regular Session, 2011, are amended to read as follows:
2-12 (b-1) A privately owned rainwater harvesting system with a
2-13 capacity of more than 500 gallons that has an auxiliary water supply
2-14 shall have a backflow prevention assembly or an air gap installed at
2-15 the storage facility for the harvested rainwater to ensure physical
2-16 separation between the rainwater harvesting system and the
2-17 auxiliary water supply. A rainwater harvesting system that meets
2-18 the requirements of this subsection is considered connected to a
2-19 public water supply system only for purposes of compliance with
2-20 minimum water system capacity requirements as determined by
2-21 commission rule. [The commission shall work with the department to
2-22 develop rules regarding the installation and maintenance of
2-23 rainwater harvesting systems that are used for indoor potable
2-24 purposes and connected to a public water supply system. The rules
2-25 must contain criteria that are sufficient to ensure that:
2-26 [(1) safe sanitary drinking water standards are met;
2-27 and
3-1 [(2) harvested rainwater does not come into
3-2 communication with a public water supply system's drinking water at
3-3 a location off of the property on which the rainwater harvesting
3-4 system is located.]
3-5 (b-3) A person who intends to use [connect a rainwater
3-6 harvesting system to] a public water supply system as an auxiliary
3-7 water source [for use for potable purposes] must give written
3-8 notice of that intention to the municipality in which the rainwater
3-9 harvesting system is located or the owner or operator of the public
3-10 water supply system [before connecting the rainwater harvesting
3-11 system to the public water supply system]. The public water supply
3-12 system used as an auxiliary water source may be connected only to
3-13 the water storage tank and may not be connected to the plumbing of a
3-14 structure.
3-15 SECTION 4. Section 341.042(b-3), Health and Safety Code, as
3-16 added by Chapter 1311 (H.B. 3391), Acts of the 82nd Legislature,
3-17 Regular Session, 2011, is redesignated as Section 341.042(b-5),
3-18 Health and Safety Code, and amended to read as follows:
3-19 (b-5) [(b-3)] A municipality or the owner or operator of a
3-20 public water supply system may not be held liable for any adverse
3-21 health effects allegedly caused by the consumption of water
3-22 collected by a rainwater harvesting system that uses [is connected
3-23 to] a public water supply system or an auxiliary water source and is
3-24 used for potable purposes if the municipality or the public water
3-25 supply system is in compliance with the sanitary standards for
3-26 drinking water adopted by the commission and applicable to the
3-27 municipality or public water supply system.
4-1 SECTION 5. Section 580.004(b), Local Government Code, is
4-2 amended to read as follows:
4-3 (b) The Texas Water Development Board shall ensure that
4-4 training on rainwater harvesting is available for the members of
4-5 the permitting staffs of municipalities and counties at least
4-6 quarterly. Each member of the permitting staff of each county and
4-7 municipality located wholly or partly in an area designated by the
4-8 Texas Commission on Environmental Quality as a priority groundwater
4-9 management area under Section 35.008, Water Code, whose work
4-10 relates directly to permits involving rainwater harvesting and each
4-11 member of the permitting staff of each county and municipality with
4-12 a population of more than 10,000 [100,000] whose work relates
4-13 directly to permits involving rainwater harvesting must receive
4-14 appropriate training regarding rainwater harvesting standards and
4-15 their relation to permitting at least once every five
4-16 years. Members of the permitting staffs of counties and
4-17 municipalities not located wholly or partly in an area designated
4-18 by the Texas Commission on Environmental Quality as a priority
4-19 groundwater management area under Section 35.008, Water Code, whose
4-20 work relates directly to permits involving rainwater harvesting and
4-21 members of the permitting staffs of counties and municipalities
4-22 with a population of 10,000 [100,000] or less whose work relates
4-23 directly to permits involving rainwater harvesting are encouraged
4-24 to receive the training. The Texas Water Development Board may
4-25 provide appropriate training by seminars or by videotape or
4-26 functionally similar and widely available media without cost.
4-27 SECTION 6. Section 5.008(b), Property Code, is amended to
5-1 read as follows:
5-2 (b) The notice must be executed and must, at a minimum, read
5-3 substantially similar to the following:
5-4 SELLER'S DISCLOSURE NOTICE
5-5 CONCERNING THE PROPERTY AT ___________________________________
5-6 (Street Address and City)
5-8 THIS NOTICE IS A DISCLOSURE OF SELLER'S KNOWLEDGE OF
5-9 THE CONDITION OF THE PROPERTY AS OF THE DATE SIGNED BY
5-10 SELLER AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR
5-11 WARRANTIES THE PURCHASER MAY WISH TO OBTAIN. IT IS NOT
5-12 A WARRANTY OF ANY KIND BY SELLER OR SELLER'S AGENTS.
5-13 Seller __ is __ is not occupying the Property.
5-14 If unoccupied, how long since Seller has occupied the Property?
5-15 ________________________________________________________________
5-16 1. The Property has the items checked below:
5-17 Write Yes (Y), No (N), or Unknown (U).
5-18
5-19 __ Range __ Oven __ Microwave __ Range __ Oven __ Microwave
__ Range __ Oven __ Microwave
5-20 __ Dishwasher __ Trash Compactor __ Disposal __ Dishwasher __ Trash Compactor __ Disposal
__ Dishwasher __ Trash Compactor __ Disposal
5-21 __ Washer/Dryer __ Window __ Rain Gutters __ Washer/Dryer __ Window __ Rain Gutters
__ Washer/Dryer __ Window __ Rain Gutters
5-22 Hookups Screens Hookups Screens
Hookups Screens
5-23 __ Security __ Fire Detection __ Intercom __ Security __ Fire Detection __ Intercom
__ Security __ Fire Detection __ Intercom
5-24 System Equipment System System Equipment System
System Equipment System
5-25 __ Smoke Detector __ Smoke Detector
__ Smoke Detector
5-26 __ Smoke Detector - __ Smoke Detector -
__ Smoke Detector -
5-27 Hearing Impaired Hearing Impaired
Hearing Impaired
5-28 __ Carbon Monoxide __ Carbon Monoxide
__ Carbon Monoxide
5-29 Alarm Alarm
Alarm
5-30 __ Emergency Escape __ Emergency Escape
__ Emergency Escape
5-31 Ladder(s) Ladder(s)
Ladder(s)
5-32 __ TV Antenna __ Cable TV __ Satellite __ TV Antenna __ Cable TV __ Satellite
__ TV Antenna __ Cable TV __ Satellite
5-33 Wiring Dish Wiring Dish
Wiring Dish
5-34 __ Ceiling Fan(s) __ Attic Fan(s) __ Exhaust __ Ceiling Fan(s) __ Attic Fan(s) __ Exhaust
__ Ceiling Fan(s) __ Attic Fan(s) __ Exhaust
5-35 Fan(s) Fan(s)
Fan(s)
5-36 __ Central A/C __ Central Heating __ Wall/Window __ Central A/C __ Central Heating __ Wall/Window
__ Central A/C __ Central Heating __ Wall/Window
5-37 Air Air
Air
5-38 Conditioning Conditioning
Conditioning
5-39 __ Plumbing System __ Septic System __ Public Sewer __ Plumbing System __ Septic System __ Public Sewer
__ Plumbing System __ Septic System __ Public Sewer
5-40 System System
System
5-41 __ Patio/Decking __ Outdoor Grill __ Fences __ Patio/Decking __ Outdoor Grill __ Fences
__ Patio/Decking __ Outdoor Grill __ Fences
5-42 __ Pool __ Sauna __ Spa __ Pool __ Sauna __ Spa
__ Pool __ Sauna __ Spa
5-43 __ Hot Tub __ Hot Tub
__ Hot Tub
5-44 __ Pool Equipment __ Pool Heater __ Automatic Lawn __ Pool Equipment __ Pool Heater __ Automatic Lawn
__ Pool Equipment __ Pool Heater __ Automatic Lawn
6-1 Sprinkler Sprinkler
Sprinkler
6-2 System System
System
6-3 __ Fireplace(s) & __ Fireplace(s) & __ Fireplace(s) & __ Fireplace(s) &
__ Fireplace(s) & __ Fireplace(s) &
6-4 Chimney Chimney Chimney Chimney
Chimney Chimney
6-5 (Woodburning) (Mock) (Woodburning) (Mock)
(Woodburning) (Mock)
6-6 __ Natural Gas Lines __ Gas Fixtures __ Natural Gas Lines __ Gas Fixtures
__ Natural Gas Lines __ Gas Fixtures
6-7 __ Liquid Propane Gas: __ LP Community __ LP on Property __ Liquid Propane Gas: __ LP Community __ LP on Property
__ Liquid Propane Gas: __ LP Community __ LP on Property
6-8 (Captive) (Captive)
(Captive)
6-9 Garage: __ Attached __ Not Attached __ Carport Garage: __ Attached __ Not Attached __ Carport
Garage: __ Attached __ Not Attached __ Carport
6-10 Garage Door Opener(s): __ Electronic __ Control(s) Garage Door Opener(s): __ Electronic __ Control(s)
Garage Door Opener(s): __ Electronic __ Control(s)
6-11 Water Heater: __ Gas __ Electric Water Heater: __ Gas __ Electric
Water Heater: __ Gas __ Electric
6-12 Water Supply: __ City __ Well __ MUD __ Co-op Water Supply: __ City __ Well __ MUD __ Co-op
Water Supply: __ City __ Well __ MUD __ Co-op
6-13 Roof Type: ________________________________ Age: _____(approx)
6-14 Are you (Seller) aware of any of the above items that are not in
6-15 working condition, that have known defects, or that are in need of
6-16 repair? __ Yes __ No __ Unknown.
6-17 If yes, then describe. (Attach additional sheets if necessary):
6-18 ________________________________________________________________
6-19 ________________________________________________________________
6-20 2. Does the property have working smoke detectors installed in
6-21 accordance with the smoke detector requirements of Chapter 766,
6-22 Health and Safety Code?* __ Yes __ No __ Unknown.
6-23 If the answer to the question above is no or unknown,
6-24 explain. (Attach additional sheets if necessary):______________
6-25 ________________________________________________________________
6-26 ________________________________________________________________
6-27 *Chapter 766 of the Health and Safety Code requires
6-28 one-family or two-family dwellings to have working smoke detectors
6-29 installed in accordance with the requirements of the building code
6-30 in effect in the area in which the dwelling is located, including
6-31 performance, location, and power source requirements. If you do
6-32 not know the building code requirements in effect in your area, you
6-33 may check unknown above or contact your local building official for
7-1 more information. A buyer may require a seller to install smoke
7-2 detectors for the hearing impaired if: (1) the buyer or a member of
7-3 the buyer's family who will reside in the dwelling is hearing
7-4 impaired; (2) the buyer gives the seller written evidence of the
7-5 hearing impairment from a licensed physician; and (3) within 10
7-6 days after the effective date, the buyer makes a written request for
7-7 the seller to install smoke detectors for the hearing impaired and
7-8 specifies the locations for installation. The parties may agree
7-9 who will bear the cost of installing the smoke detectors and which
7-10 brand of smoke detectors to install.
7-11 3. Are you (Seller) aware of any known defects/malfunctions in any
7-12 of the following?
7-13 Write Yes (Y) if you are aware, write No (N) if you are not aware.
7-14
7-15 __ Interior Walls __ Ceilings __ Floors __ Interior Walls __ Ceilings __ Floors
__ Interior Walls __ Ceilings __ Floors
7-16 __ Exterior Walls __ Doors __ Windows __ Exterior Walls __ Doors __ Windows
__ Exterior Walls __ Doors __ Windows
7-17 __ Roof __ Foundation/ __ Basement __ Roof __ Foundation/ __ Basement
__ Roof __ Foundation/ __ Basement
7-18 Slab(s) Slab(s)
Slab(s)
7-19 __ Walls/Fences __ Driveways __ Sidewalks __ Walls/Fences __ Driveways __ Sidewalks
__ Walls/Fences __ Driveways __ Sidewalks
7-20 __ Plumbing/Sewers/ __ Electrical __ Lighting __ Plumbing/Sewers/ __ Electrical __ Lighting
__ Plumbing/Sewers/ __ Electrical __ Lighting
7-21 Septics Systems Fixtures Septics Systems Fixtures
Septics Systems Fixtures
7-22 __ Other Structural Components (Describe):_______________________
7-23 ________________________________________________________________
7-24 ________________________________________________________________
7-25 If the answer to any of the above is yes, explain. (Attach
7-26 additional sheets if necessary):________________________________
7-27 ________________________________________________________________
7-28 ________________________________________________________________
7-29 4. Are you (Seller) aware of any of the following conditions?
7-30 Write Yes (Y) if you are aware, write No (N) if you are not aware.
7-31
7-32 __ Active Termites __ Previous Structural __ Active Termites __ Previous Structural
__ Active Termites __ Previous Structural
8-1 (includes or Roof Repair (includes or Roof Repair
(includes or Roof Repair
8-2 wood-destroying insects) wood-destroying insects)
wood-destroying insects)
8-3 __ Termite or Wood Rot Damage __ Hazardous or Toxic Waste __ Termite or Wood Rot Damage __ Hazardous or Toxic Waste
__ Termite or Wood Rot Damage __ Hazardous or Toxic Waste
8-4 Needing Repair Needing Repair
Needing Repair
8-5 __ Previous Termite Damage __ Asbestos Components __ Previous Termite Damage __ Asbestos Components
__ Previous Termite Damage __ Asbestos Components
8-6 __ Previous Termite __ Urea formaldehyde __ Previous Termite __ Urea formaldehyde
__ Previous Termite __ Urea formaldehyde
8-7 Treatment Insulation Treatment Insulation
Treatment Insulation
8-8 __ Previous Flooding __ Radon Gas __ Previous Flooding __ Radon Gas
__ Previous Flooding __ Radon Gas
8-9 __ Improper Drainage __ Lead Based Paint __ Improper Drainage __ Lead Based Paint
__ Improper Drainage __ Lead Based Paint
8-10 __ Water Penetration __ Aluminum Wiring __ Water Penetration __ Aluminum Wiring
__ Water Penetration __ Aluminum Wiring
8-11 __ Located in 100-Year __ Previous Fires __ Located in 100-Year __ Previous Fires
__ Located in 100-Year __ Previous Fires
8-12 Floodplain Floodplain
Floodplain
8-13 __ Present Flood Insurance __ Unplatted Easements __ Present Flood Insurance __ Unplatted Easements
__ Present Flood Insurance __ Unplatted Easements
8-14 Coverage Coverage
Coverage
8-15 __ Landfill, Settling, Soil __ Subsurface __ Landfill, Settling, Soil __ Subsurface
__ Landfill, Settling, Soil __ Subsurface
8-16 Movement, Fault Lines Structure or Pits Movement, Fault Lines Structure or Pits
Movement, Fault Lines Structure or Pits
8-17 __ Single Blockable Main __ Previous Use of Premises __ Single Blockable Main __ Previous Use of Premises
__ Single Blockable Main __ Previous Use of Premises
8-18 Drain in Pool/Hot for Manufacture of Drain in Pool/Hot for Manufacture of
Drain in Pool/Hot for Manufacture of
8-19 Tub/Spa* Methamphetamine Tub/Spa* Methamphetamine
Tub/Spa* Methamphetamine
8-20 If the answer to any of the above is yes, explain. (Attach
8-21 additional sheets if necessary):________________________________
8-22 ________________________________________________________________
8-23 ________________________________________________________________
8-24 *A single blockable main drain may cause a suction entrapment
8-25 hazard for an individual.
8-26 5. Are you (Seller) aware of any item, equipment, or system in or
8-27 on the property that is in need of repair? __ Yes (if you are
8-28 aware) __ No (if you are not aware). If yes, explain (attach
8-29 additional sheets as necessary)._________________________________
8-30 6. Are you (Seller) aware of any of the following?
8-31 Write Yes (Y) if you aware, write No (N) if you are not aware.
8-32
8-33 __ Room additions, structural modifications, or other alterations or repairs made without necessary permits or not in compliance with building codes in effect at that time. __ Room additions, structural modifications, or other alterations or repairs made without necessary permits or not in compliance with building codes in effect at that time.
__ Room additions, structural modifications, or other alterations or repairs made without necessary permits or not in compliance with building codes in effect at that time.
8-34 __ Homeowners' Association or maintenance fees or assessments. __ Homeowners' Association or maintenance fees or assessments.
__ Homeowners' Association or maintenance fees or assessments.
8-35 __ Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others. __ Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others.
__ Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others.
8-36 __ Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property. __ Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property.
__ Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property.
9-1 __ Any lawsuits directly or indirectly affecting the Property. __ Any lawsuits directly or indirectly affecting the Property.
__ Any lawsuits directly or indirectly affecting the Property.
9-2 __ Any condition on the Property which materially affects the physical health or safety of an individual. __ Any condition on the Property which materially affects the physical health or safety of an individual.
__ Any condition on the Property which materially affects the physical health or safety of an individual.
9-3 __ Any rainwater harvesting system located on the property that is larger than 500 gallons and that uses a public water supply as an auxiliary water source [connected to the property's public water supply that is able to be used for indoor potable purposes]. __ Any rainwater harvesting system located on the property that is larger than 500 gallons and that uses a public water supply as an auxiliary water source [connected to the property's public water supply that is able to be used for indoor potable purposes].
__ Any rainwater harvesting system located on the property that is larger than 500 gallons and that uses a public water supply as an auxiliary water source [connected to the property's public water supply that is able to be used for indoor potable purposes].
9-4 If the answer to any of the above is yes, explain. (Attach
9-5 additional sheets if necessary): ______________________________
9-6 ________________________________________________________________
9-7 ________________________________________________________________
9-8 7. If the property is located in a coastal area that is seaward of
9-9 the Gulf Intracoastal Waterway or within 1,000 feet of the mean high
9-10 tide bordering the Gulf of Mexico, the property may be subject to
9-11 the Open Beaches Act or the Dune Protection Act (Chapter 61 or 63,
9-12 Natural Resources Code, respectively) and a beachfront
9-13 construction certificate or dune protection permit may be required
9-14 for repairs or improvements. Contact the local government with
9-15 ordinance authority over construction adjacent to public beaches
9-16 for more information.
9-17 _______________________________________________________
9-18 Date Signature of Seller
9-19 The undersigned purchaser hereby acknowledges receipt of the
9-20 foregoing notice.
9-21 _______________________________________________________
9-22 Date Signature of Purchaser
9-23 SECTION 7. Not later than January 1, 2014, the Texas
9-24 Commission on Environmental Quality shall adopt rules to implement
9-25 Section 341.042, Health and Safety Code, as amended by this Act.
9-26 SECTION 8. Sections 341.042(b-1) and (b-2), Health and
9-27 Safety Code, as added by Chapter 1311 (H.B. 3391), Acts of the 82nd
10-1 Legislature, Regular Session, 2011, are repealed.
10-2 SECTION 9. Section 5.008(b), Property Code, as amended by
10-3 this Act, applies only to a transfer of property that occurs on or
10-4 after the effective date of this Act. A transfer of property that
10-5 occurs before the effective date of this Act is governed by the law
10-6 applicable to the transfer immediately before that date, and the
10-7 former law is continued in effect for that purpose. For the
10-8 purposes of this section, a transfer of property occurs before the
10-9 effective date of this Act if the contract binding the purchaser to
10-10 purchase the property is executed before that date.
10-11 SECTION 10. This Act takes effect September 1, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2781 was passed by the House on May 8,
2013, by the following vote: Yeas 137, Nays 10, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2781 was passed by the Senate on May
22, 2013, by the following vote: Yeas 29, Nays 2.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor
__ Range __ Oven __ Microwave
__ Dishwasher __ Trash Compactor __ Disposal
__ Washer/Dryer __ Window __ Rain Gutters
Hookups Screens
__ Security __ Fire Detection __ Intercom
System Equipment System
__ Smoke Detector
__ Smoke Detector -
Hearing Impaired
__ Carbon Monoxide
Alarm
__ Emergency Escape
Ladder(s)
__ TV Antenna __ Cable TV __ Satellite
Wiring Dish
__ Ceiling Fan(s) __ Attic Fan(s) __ Exhaust
Fan(s)
__ Central A/C __ Central Heating __ Wall/Window
Air
Conditioning
__ Plumbing System __ Septic System __ Public Sewer
System
__ Patio/Decking __ Outdoor Grill __ Fences
__ Pool __ Sauna __ Spa
__ Hot Tub
__ Pool Equipment __ Pool Heater __ Automatic Lawn
Sprinkler
System
__ Fireplace(s) & __ Fireplace(s) &
Chimney Chimney
(Woodburning) (Mock)
__ Natural Gas Lines __ Gas Fixtures
__ Liquid Propane Gas: __ LP Community __ LP on Property
(Captive)
Garage: __ Attached __ Not Attached __ Carport
Garage Door Opener(s): __ Electronic __ Control(s)
Water Heater: __ Gas __ Electric
Water Supply: __ City __ Well __ MUD __ Co-op
__ Interior Walls __ Ceilings __ Floors
__ Exterior Walls __ Doors __ Windows
__ Roof __ Foundation/ __ Basement
Slab(s)
__ Walls/Fences __ Driveways __ Sidewalks
__ Plumbing/Sewers/ __ Electrical __ Lighting
Septics Systems Fixtures
__ Active Termites __ Previous Structural
(includes or Roof Repair
wood-destroying insects)
__ Termite or Wood Rot Damage __ Hazardous or Toxic Waste
Needing Repair
__ Previous Termite Damage __ Asbestos Components
__ Previous Termite __ Urea formaldehyde
Treatment Insulation
__ Previous Flooding __ Radon Gas
__ Improper Drainage __ Lead Based Paint
__ Water Penetration __ Aluminum Wiring
__ Located in 100-Year __ Previous Fires
Floodplain
__ Present Flood Insurance __ Unplatted Easements
Coverage
__ Landfill, Settling, Soil __ Subsurface
Movement, Fault Lines Structure or Pits
__ Single Blockable Main __ Previous Use of Premises
Drain in Pool/Hot for Manufacture of
Tub/Spa* Methamphetamine
__ Room additions, structural modifications, or other alterations or repairs made without necessary permits or not in compliance with building codes in effect at that time.
__ Homeowners' Association or maintenance fees or assessments.
__ Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others.
__ Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property.
__ Any lawsuits directly or indirectly affecting the Property.
__ Any condition on the Property which materially affects the physical health or safety of an individual.
__ Any rainwater harvesting system located on the property that is larger than 500 gallons and that uses a public water supply as an auxiliary water source [connected to the property's public water supply that is able to be used for indoor potable purposes].