Texas 2017 - 85th Regular

Texas Senate Bill SB2234

Caption

Relating to the collection of past due assessments and certain other charges by a property owners' association.

Impact

The bill is expected to significantly affect how property owners' associations operate within the state, particularly regarding their power to impose fees and charges on property owners. By implementing stricter regulations on the type of fees that can be charged and the process of collecting overdue assessments, SB2234 aims to protect property owners from excessive charges and improve transparency in the collection process. This can ultimately lead to a fairer approach in managing debts owed to associations, especially for struggling homeowners who may face severe penalties under current laws.

Summary

SB2234 proposes amendments to the Texas Property Code concerning the collection of past due assessments and related charges by property owners' associations. The bill outlines specific conditions under which associations may impose late fees and recover costs associated with collecting overdue assessments. For instance, it caps late fees at 10% of the overdue amount and limits attorney's fees related to collections. It also mandates that associations must provide detailed itemization of charges and make available options for payment plans to assist property owners in managing their debts.

Contention

Notably, the bill could be contentious as property owners' associations may resist the limitation on their ability to collect fees as they traditionally have. There may be concerns about how these regulations could affect the financial viability of some associations that rely on such fees for maintenance and community services. Additionally, some property owners may feel that while the bill is intended to assist them, it may complicate the collection process from a practicality standpoint, leading to potential disputes between associations and members over unpaid dues.

Companion Bills

No companion bills found.

Previously Filed As

TX SB1668

Relating to property owners' associations, including condominium owners' associations.

TX HB3503

Relating to property owners' associations, including condominium owners' associations.

TX SB36

Relating to property owners' associations, including condominium owners' associations.

TX SB48

Relating to property owners' associations, including condominium owners' associations.

TX HB614

Relating to property owners' association fines.

TX HB1367

Relating to the violation of certain laws and provisions of governing instruments by, and the recall by property owners of, a property owners' association board member.

TX HB4427

Relating to access to certain records of a property owners' association.

TX HB330

Relating to regulation of residential wind power facilities by property owners' associations.

TX HB1252

Relating to the audit of the financial records of certain property owners' associations.

TX HB998

Relating to the provision of property owners' association insurance by the FAIR Plan Association in certain areas.

Similar Bills

CA AB2013

Property taxation: new construction: damaged or destroyed property.

CA AB1500

Property taxation: application of base year value: disaster relief.

CA AB245

Property taxation: application of base year value: disaster relief.

DC B25-0486

Uniform Community Property Disposition at Death Act of 2023

CA SB603

Property taxation: transfer of base year value: disaster relief.

CA SB964

Property tax: tax-defaulted property sales.

CA SB1091

Property taxation: transfer of base year value: disaster relief.

HI HB1398

Relating To Property.