85R7290 BEE-D
By: Muñoz, Jr. H.B. No. 1341
A BILL TO BE ENTITLED
AN ACT
relating to property owners' associations; imposing a civil
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 209.005, Property Code, is amended by
amending Subsection (e) and adding Subsection (l-1) to read as
follows:
(e) An owner or the owner's authorized representative
described by Subsection (c) must submit a [written] request for
access or information under Subsection (c) by [certified] mail,
e-mail, or telephone, providing [with] sufficient detail
describing the property owners' association's books and records
requested[, to the mailing address of the association or authorized
representative as reflected on the most current management
certificate filed under Section 209.004]. The request must contain
an election either to inspect the books and records before
obtaining copies or to have the property owners' association
forward copies of the requested books and records and:
(1) if an inspection is requested, the association, on
or before the 10th business day after the date the association
receives the request, shall send written notice of dates during
normal business hours that the owner may inspect the requested
books and records to the extent those books and records are in the
possession, custody, or control of the association; or
(2) if copies of identified books and records are
requested, the association shall, to the extent those books and
records are in the possession, custody, or control of the
association, produce the requested books and records for the
requesting party on or before the 10th business day after the date
the association receives the request, except as otherwise provided
by this section.
(l-1) Notwithstanding Subsection (k), a property owners'
association must release or allow inspection of any records of
payments made by the association to a managing company of the
subdivision to pay the company's employees to work on behalf of the
association on association property.
SECTION 2. Section 209.0051, Property Code, is amended by
amending Subsection (d) and adding Subsection (f-1) to read as
follows:
(d) The board shall keep a record of each regular or special
board meeting in the form of written minutes of the meeting. The
meeting records must include all communications from members
relating to the meeting, including copies of e-mails, letters, or
faxes submitted to the board for consideration at the meeting. The
board shall make meeting records, including approved minutes,
available to a member for inspection and copying on the member's
written request to the property owners' association's managing
agent at the address appearing on the most recently filed
management certificate or, if there is not a managing agent, to the
board.
(f-1) A member is entitled to speak for at least 30 minutes
at each regular or special board meeting.
SECTION 3. Section 209.014(a), Property Code, is amended to
read as follows:
(a) Notwithstanding any provision in a dedicatory
instrument, a board of a property owners' association shall call an
annual meeting of the members of the association. The board must
send to each member a written notice of the date, hour, and place of
the annual meeting not later than the 10th day before the date of
the meeting.
SECTION 4. Chapter 209, Property Code, is amended by adding
Section 209.017 to read as follows:
Sec. 209.017. CIVIL PENALTY. (a) A property owners'
association that violates a provision of this chapter is liable to
the state for a civil penalty of not more than $25,000.
(b) The attorney general, a district attorney, or a county
attorney may bring an action against the property owners'
association in the district court of a district in which all or part
of the subdivision is located to enforce this chapter and to collect
the penalty under this section.
SECTION 5. Section 209.017, Property Code, as added by this
Act, applies only to a violation that occurs on or after the
effective date of this Act.
SECTION 6. This Act takes effect September 1, 2017.