| 1 | 1 | | 85R19742 PMO-D |
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| 2 | 2 | | By: Shaheen, Shine, Fallon, Vo H.B. No. 923 |
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| 3 | 3 | | Substitute the following for H.B. No. 923: |
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| 4 | 4 | | By: Shine C.S.H.B. No. 923 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to property owners' association fines. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 209, Property Code, is amended by adding |
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| 12 | 12 | | Section 209.0061 to read as follows: |
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| 13 | 13 | | Sec. 209.0061. ASSOCIATION POLICY; ASSESSMENT OF FINES. |
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| 14 | 14 | | (a) A property owners' association board shall adopt a policy |
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| 15 | 15 | | regarding the enforcement of fines assessed by the property owners' |
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| 16 | 16 | | association. The policy must disclose: |
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| 17 | 17 | | (1) each type of violation for which the board may |
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| 18 | 18 | | assess a fine; |
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| 19 | 19 | | (2) the amount of the fine for each type of violation; |
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| 20 | 20 | | and |
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| 21 | 21 | | (3) pertinent information regarding hearings |
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| 22 | 22 | | described by Section 209.007. |
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| 23 | 23 | | (b) The amount of a fine assessed by the property owners' |
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| 24 | 24 | | association must be reasonable in the context of the nature and |
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| 25 | 25 | | frequency of the violation and the effect of the violation on the |
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| 26 | 26 | | subdivision as a whole. |
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| 27 | 27 | | (c) Each property owners' association shall: |
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| 28 | 28 | | (1) file a copy of the policy adopted under Subsection |
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| 29 | 29 | | (a), and each subsequent amendment, with the county clerk of each |
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| 30 | 30 | | county in which the subdivision is located; and |
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| 31 | 31 | | (2) provide a copy of the policy to an owner of each |
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| 32 | 32 | | property in the subdivision by: |
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| 33 | 33 | | (A) posting the policy on an Internet website |
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| 34 | 34 | | maintained by the property owners' association; or |
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| 35 | 35 | | (B) annually sending a copy of the policy, |
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| 36 | 36 | | separately or included in routine communication from the property |
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| 37 | 37 | | owners' association to property owners, by: |
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| 38 | 38 | | (i) hand-delivery to the owner; |
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| 39 | 39 | | (ii) first class mail to the owner's last |
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| 40 | 40 | | known mailing address; or |
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| 41 | 41 | | (iii) e-mail to an e-mail address provided |
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| 42 | 42 | | to the property owners' association by the owner. |
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| 43 | 43 | | SECTION 2. Section 209.0061, Property Code, as added by |
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| 44 | 44 | | this Act, applies only to a fine that becomes due on or after the |
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| 45 | 45 | | effective date of this Act. A fine that becomes due before the |
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| 46 | 46 | | effective date of this Act is governed by the law in effect |
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| 47 | 47 | | immediately before the effective date of this Act, and that law is |
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| 48 | 48 | | continued in effect for that purpose. |
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| 49 | 49 | | SECTION 3. This Act takes effect September 1, 2017. |
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