By: Vasut H.B. No. 2912
A BILL TO BE ENTITLED
AN ACT
relating to a violation of the Texas Residential Property Owners
Protection Act or a dedicatory instrument by a board member of a
property owners' association.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 209, Property Code, is amended by adding
Section 209.017 to read as follows:
Sec. 209.017. BOARD MEMBER VIOLATION OF CHAPTER OR
DEDICATORY INSTRUMENT. (a) If a board member violates this chapter
or a dedicatory instrument of the property owners' association
while acting in the board member's official capacity, a member of
the association may file a petition against the association with
the justice of the peace of a justice precinct in which all or part
of the property that is governed by the association is located
requesting relief under this section.
(b) If the justice of the peace finds that the board member
violated this chapter or the dedicatory instrument while acting
individually or with other board members, the justice of the peace
may grant one or more of the following remedies:
(1) a judgment ordering the property owners'
association to immediately remove the board member from the board;
(2) a judgment against the property owners'
association for damages incurred by the association member
resulting from the violation; or
(3) a judgment authorizing the association member to
deduct the amounts awarded to the member under Subdivision (2) or
Subsection (c) from any future regular or special assessments
payable to the property owners' association.
(c) The prevailing party in an action under this section is
entitled to a judgment for court costs and reasonable attorney's
fees incurred by the party in connection with the action.
(d) On or before the 10th business day before the date a
person brings an action against a property owners' association
under this section, the person must send written notice to the
association of the person's intent to bring the action. The notice
must:
(1) be sent certified mail, return receipt requested,
or delivered by the United States Postal Service with signature
confirmation service to the mailing address of the association or
authorized representative as reflected on the most current
management certificate filed under Section 209.004; and
(2) describe the alleged violation with sufficient
detail.
(e) For the purposes of this section, "business day" means a
day other than Saturday, Sunday, or a state or federal holiday.
SECTION 2. 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. A violation that occurs before the
effective date of this Act is governed by the law as it existed
immediately before the effective date of this Act, and that law is
continued in effect for that purpose. For purposes of this section,
a violation occurred before the effective date of this Act if any
element of the violation occurred before that date.
SECTION 3. This Act takes effect September l, 2021.