Texas House Bill HB3845

Texas 2021 - 87th Regular

Caption

Relating to the failure of a property owners' association to file all dedicatory instruments of a residential subdivision as public records.

Impact

The enactment of HB3845 would notably affect the governance of residential subdivisions in Texas. By enforcing the requirement for POAs to file dedicatory instruments, the bill aims to enhance the legal framework that regulates how these associations operate. This change can potentially lead to greater clarity and organization within these communities, ensuring that property owners are aware of the rules and regulations guiding their subdivisions. Additionally, it aims to protect property owners from unfair assessment collection practices by associations that fail to comply with record-keeping mandates.

Summary

House Bill 3845 aims to address issues related to property owners' associations (POAs) and their obligations regarding public records. Specifically, the bill mandates that POAs must file all dedicatory instruments associated with a residential subdivision as public records. If the required documents are not filed properly, the property owners' association is prohibited from collecting regular assessments from property owners. This provision seeks to ensure transparency and accountability among POAs when it comes to their responsibilities and operations.

Contention

While proponents of HB3845 view it as a necessary measure to enhance accountability among property owners' associations, there may be concerns among associations regarding the administrative burden this could impose. Some smaller or less organized POAs might struggle with the compliance requirements, leading to apprehension about their ability to operate effectively. Critics may argue that the bill could disproportionately affect these smaller associations, potentially leading to financial strain if they are unable to collect assessments due to filing issues.