| Old | New | Differences | |
|---|---|---|---|
| 1 | - | ||
| 1 | + | 87R7069 DRS-D | |
| 2 | 2 | By: Shaheen H.B. No. 1970 | |
| 3 | - | Substitute the following for H.B. No. 1970: | |
| 4 | - | By: Turner of Tarrant C.S.H.B. No. 1970 | |
| 5 | 3 | ||
| 6 | 4 | ||
| 7 | 5 | A BILL TO BE ENTITLED | |
| 8 | 6 | AN ACT | |
| 9 | 7 | relating to property owners' association fines. | |
| 10 | 8 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 11 | 9 | SECTION 1. Chapter 209, Property Code, is amended by adding | |
| 12 | 10 | Section 209.0061 to read as follows: | |
| 13 | - | Sec. 209.0061. ASSOCIATION POLICY; FINES. (a) A property | |
| 14 | - | owners' association board shall adopt an enforcement policy | |
| 15 | - | regarding the levying of fines by the property owners' association. | |
| 16 | - | The policy must include: | |
| 17 | - | (1) each category of restrictive covenants for which | |
| 18 | - | the association may assess a reasonable fine, including: | |
| 19 | - | (A) property maintenance and repair; | |
| 20 | - | (B) individual misconduct; and | |
| 21 | - | (C) matters affecting health and safety; | |
| 22 | - | (2) a schedule of fines for each category of | |
| 23 | - | violation; and | |
| 24 | - | (3) information regarding hearings described by | |
| 25 | - | Section 209.007. | |
| 26 | - | (b) The enforcement policy adopted pursuant to Subsection | |
| 27 | - | (a) may reserve the board's authority to levy a fine from the | |
| 28 | - | schedule of fines that varies on a case-by-case basis. | |
| 11 | + | Sec. 209.0061. ASSOCIATION POLICY; ASSESSMENT OF FINES. | |
| 12 | + | (a) A property owners' association board shall adopt a policy | |
| 13 | + | regarding the enforcement of fines assessed by the property owners' | |
| 14 | + | association. The policy must disclose: | |
| 15 | + | (1) each type of violation for which the board may | |
| 16 | + | assess a fine; | |
| 17 | + | (2) the amount of the fine for each type of violation; | |
| 18 | + | and | |
| 19 | + | (3) pertinent information regarding hearings | |
| 20 | + | described by Section 209.007. | |
| 21 | + | (b) The amount of a fine assessed by the property owners' | |
| 22 | + | association must be reasonable in the context of the nature and | |
| 23 | + | frequency of the violation and the effect of the violation on the | |
| 24 | + | subdivision as a whole. | |
| 29 | 25 | (c) Each property owners' association shall: | |
| 30 | - | (1) file a copy of the | |
| 31 | - | ||
| 32 | - | ||
| 26 | + | (1) file a copy of the policy adopted under Subsection | |
| 27 | + | (a), and each subsequent amendment, with the county clerk of each | |
| 28 | + | county in which the subdivision is located; and | |
| 33 | 29 | (2) provide a copy of the policy to an owner of each | |
| 34 | 30 | property in the subdivision by: | |
| 35 | 31 | (A) posting the policy on an Internet website | |
| 36 | - | maintained by the property owners' association or an agent acting | |
| 37 | - | on behalf of the association and accessible to members of the | |
| 38 | - | association; or | |
| 32 | + | maintained by the property owners' association; or | |
| 39 | 33 | (B) annually sending a copy of the policy, | |
| 40 | 34 | separately or included in routine communication from the property | |
| 41 | 35 | owners' association to property owners, by: | |
| 42 | 36 | (i) hand-delivery to the owner; | |
| 43 | 37 | (ii) first class mail to the owner's last | |
| 44 | 38 | known mailing address; or | |
| 45 | 39 | (iii) e-mail to an e-mail address provided | |
| 46 | - | to the property owners' association by the owner; and | |
| 47 | - | (3) make the policy available on any publicly | |
| 48 | - | accessible Internet website maintained by the property owners' | |
| 49 | - | association or an agent acting on behalf of the association. | |
| 40 | + | to the property owners' association by the owner. | |
| 50 | 41 | SECTION 2. Section 209.0061, Property Code, as added by | |
| 51 | 42 | this Act, applies only to a fine that becomes due on or after the | |
| 52 | 43 | effective date of this Act. A fine that becomes due before the | |
| 53 | 44 | effective date of this Act is governed by the law in effect | |
| 54 | 45 | immediately before the effective date of this Act, and that law is | |
| 55 | 46 | continued in effect for that purpose. | |
| 56 | - | SECTION 3. This Act takes effect | |
| 47 | + | SECTION 3. This Act takes effect September 1, 2021. |