85R19742 PMO-D
By: Shaheen, Shine, Fallon, Vo H.B. No. 923
Substitute the following for H.B. No. 923:
By: Shine C.S.H.B. No. 923
A BILL TO BE ENTITLED
AN ACT
relating to property owners' association fines.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 209, Property Code, is amended by adding
Section 209.0061 to read as follows:
Sec. 209.0061. ASSOCIATION POLICY; ASSESSMENT OF FINES.
(a) A property owners' association board shall adopt a policy
regarding the enforcement of fines assessed by the property owners'
association. The policy must disclose:
(1) each type of violation for which the board may
assess a fine;
(2) the amount of the fine for each type of violation;
and
(3) pertinent information regarding hearings
described by Section 209.007.
(b) The amount of a fine assessed by the property owners'
association must be reasonable in the context of the nature and
frequency of the violation and the effect of the violation on the
subdivision as a whole.
(c) Each property owners' association shall:
(1) file a copy of the policy adopted under Subsection
(a), and each subsequent amendment, with the county clerk of each
county in which the subdivision is located; and
(2) provide a copy of the policy to an owner of each
property in the subdivision by:
(A) posting the policy on an Internet website
maintained by the property owners' association; or
(B) annually sending a copy of the policy,
separately or included in routine communication from the property
owners' association to property owners, by:
(i) hand-delivery to the owner;
(ii) first class mail to the owner's last
known mailing address; or
(iii) e-mail to an e-mail address provided
to the property owners' association by the owner.
SECTION 2. Section 209.0061, Property Code, as added by
this Act, applies only to a fine that becomes due on or after the
effective date of this Act. A fine that becomes due before the
effective date of this Act is governed by the law in effect
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2017.