Texas 2023 - 88th Regular

Texas House Bill HB3503 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	88R23269 KBB-F
2	2	By: Turner H.B. No. 3503
3	3	Substitute the following for H.B. No. 3503:
4	4	By: Hinojosa C.S.H.B. No. 3503
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to property owners' associations, including condominium
10	10	owners' associations.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 82.003(a), Property Code, is amended by
13	13	adding Subdivision (17-a) to read as follows:
14	14	(17-a) "Management company" means a person or entity
15	15	established or contracted to provide management or administrative
16	16	services on behalf of a unit owners' association organized under
17	17	Section 82.101.
18	18	SECTION 2. Subchapter C, Chapter 82, Property Code, is
19	19	amended by adding Section 82.1142 to read as follows:
20	20	Sec. 82.1142. ONLINE ASSOCIATION INFORMATION REQUIRED. (a)
21	21	This section only applies to:
22	22	(1) the association of a condominium composed of at
23	23	least 60 units; or
24	24	(2) an association that has contracted with a
25	25	management company.
26	26	(b) An association to which this section applies shall make
27	27	the current version of the association's dedicatory instruments
28	28	relating to the association and filed in the county deed records
29	29	available on an Internet website that is:
30	30	(1) maintained by the association or a management
31	31	company on behalf of the association; and
32	32	(2) accessible to association members.
33	33	SECTION 3. Section 82.116, Property Code, is amended by
34	34	amending Subsections (a), (b), and (c) and adding Subsections (b-1)
35	35	and (d) to read as follows:
36	36	(a) An association shall record in each county in which any
37	37	portion of the condominium is located a management certificate,
38	38	signed and acknowledged by an officer of the association, stating:
39	39	(1) the name of the condominium;
40	40	(2) the name of the association;
41	41	(3) the location of the condominium;
42	42	(4) the recording data for the declaration and any
43	43	amendments to the declaration;
44	44	(5) the mailing address of the association; [, or]
45	45	(6) the name, [and] mailing address, telephone number,
46	46	and e-mail address of any management company [the person or entity
47	47	managing the association];
48	48	(7) the website address of any Internet website on
49	49	which the association's dedicatory instruments are available in
50	50	accordance with Section 82.1142;
51	51	(8) the amount and description of a fee or fees charged
52	52	to a unit seller or buyer relating to a transfer of a property
53	53	interest in a unit of the condominium; and
54	54	(9) [(6)] other information the association considers
55	55	appropriate.
56	56	(b) The association shall record an amended [a] management
57	57	certificate not later than the 30th day after the date the
58	58	association has notice of a change in any information in a recorded
59	59	certificate required by Subsection (a) [Subdivisions (a)(1)-(5)].
60	60	(b-1) Not later than the seventh day after the date an
61	61	association files a management certificate for recording under
62	62	Subsection (a) or files an amended management certificate for
63	63	recording under Subsection (b), the association shall
64	64	electronically file the management certificate or amended
65	65	management certificate with the Texas Real Estate Commission. The
66	66	Texas Real Estate Commission shall only collect the management
67	67	certificate and amended management certificate for the purpose of
68	68	making the data accessible to the public through an Internet
69	69	website.
70	70	(c) Except as provided by Subsection (d), the [The]
71	71	association and its officers, directors, employees, and agents are
72	72	not subject to liability to any person for delay or failure to
73	73	record a management certificate with a county clerk's office or to
74	74	electronically file the management certificate with the Texas Real
75	75	Estate Commission, unless the delay or failure is wilful or caused
76	76	by gross negligence.
77	77	(d) A unit owner is not liable for attorney's fees incurred
78	78	by an association relating to the collection of a delinquent
79	79	assessment against the unit owner, or interest on the delinquent
80	80	assessment, if the attorney's fees are incurred by the association
81	81	or the interest accrues during the period a management certificate
82	82	is not recorded with a county clerk or electronically filed with the
83	83	Texas Real Estate Commission, as required by this section.
84	84	SECTION 4. Section 82.157, Property Code, is amended by
85	85	adding Subsection (f) to read as follows:
86	86	(f) An association may charge a reasonable and necessary
87	87	fee, not to exceed $375, to furnish a resale certificate under
88	88	Subsection (a).
89	89	SECTION 5. Section 202.023, Property Code, is amended by
90	90	amending Subsection (c) and adding Subsection (d) to read as
91	91	follows:
92	92	(c) This section does not prohibit a property owners'
93	93	association from:
94	94	(1) prohibiting the installation of a security camera
95	95	by a property owner in a place other than the property owner's
96	96	private property; [or]
97	97	(2) regulating the type of fencing that a property
98	98	owner may install;
99	99	(3) prohibiting the placement of fencing that
100	100	obstructs a sidewalk or drainage easement or drainage area;
101	101	(4) requiring a driveway gate to be set back at least
102	102	18 feet from the right-of-way if the driveway intersects with a
103	103	laned roadway, as defined by Section 541.302, Transportation Code;
104	104	or
105	105	(5) if provided by a dedicatory instrument,
106	106	prohibiting the installation of fencing in front of the frontmost
107	107	building line of a dwelling.
108	108	(d) Notwithstanding Subsection (c), a property owner may
109	109	maintain any perimeter fencing or fencing in front of a dwelling's
110	110	frontmost building line installed or constructed before September
111	111	1, 2023.
112	112	SECTION 6. Section 209.00505(c), Property Code, is
113	113	redesignated as Section 209.00506, Property Code, and amended to
114	114	read as follows:
115	115	Sec. 209.00506. ELIGIBILITY TO SERVE ON ARCHITECTURAL
116	116	REVIEW AUTHORITY. (a) This section applies only to an
117	117	architectural review authority to which Section 209.00505 applies.
118	118	(b) Except as provided by Subsection (d), a person may not
119	119	be appointed or elected to serve on an architectural review
120	120	authority unless the person timely notifies the association of the
121	121	person's interest in serving on the authority in accordance with
122	122	Section 209.00507.
123	123	(c) Except as provided by Subsection (d), a [A] person may
124	124	not be appointed or elected to serve on an architectural review
125	125	authority if the person is:
126	126	(1) a current board member;
127	127	(2) a current board member's spouse; or
128	128	(3) a person residing in a current board member's
129	129	household.
130	130	(d) If a vacancy remains on the architectural review
131	131	authority after each person eligible under Subsection (c) who
132	132	timely notifies the association in accordance with Section
133	133	209.00507 is appointed or elected to the authority, the association
134	134	may appoint any person to fill the vacancy, including a person not
135	135	otherwise eligible under Subsection (c).
136	136	SECTION 7. Chapter 209, Property Code, is amended by adding
137	137	Section 209.00507 to read as follows:
138	138	Sec. 209.00507. SOLICITATION OF CANDIDATES FOR
139	139	ARCHITECTURAL REVIEW AUTHORITY. (a) This section applies only to
140	140	an architectural review authority to which Section 209.00505
141	141	applies.
142	142	(b) Not later than the 10th day before the date a property
143	143	owners' association or board takes action to elect or appoint or
144	144	meets to elect or appoint a person to serve on the architectural
145	145	review authority, the association must provide notice to the
146	146	association members soliciting persons interested in serving on the
147	147	architectural review authority.
148	148	(c) The notice required under Subsection (b) must:
149	149	(1) be provided:
150	150	(A) by mail to each owner; or
151	151	(B) by:
152	152	(i) posting the notice in a conspicuous
153	153	manner reasonably designed to provide notice to association
154	154	members:
155	155	(a) in a place located on the
156	156	association's common property or, with the property owner's
157	157	consent, on other conspicuously located privately owned property
158	158	within the subdivision; or
159	159	(b) on any Internet website
160	160	maintained by the association or other Internet media; and
161	161	(ii) sending the notice by e-mail to each
162	162	owner who has registered an e-mail address with the association;
163	163	and
164	164	(2) contain instructions for a person to notify the
165	165	association of the person's interest in serving on the
166	166	architectural review authority, including the date by which the
167	167	person's notification must be received by the association.
168	168	(d) The date by which a person must notify the association
169	169	of the person's interest in serving on the architectural review
170	170	authority may not be earlier than the 10th day after the date the
171	171	association provides the notice described by Subsection (c).
172	172	SECTION 8. A condominium unit owners' association that has
173	173	recorded a management certificate or amended management
174	174	certificate with a county clerk under Section 82.116, Property
175	175	Code, before the effective date of this Act shall electronically
176	176	file the most recently recorded management certificate or amended
177	177	management certificate with the Texas Real Estate Commission as
178	178	required by Section 82.116(b-1), Property Code, as added by this
179	179	Act, not later than March 1, 2024.
180	180	SECTION 9. This Act takes effect September 1, 2023.