By: Shaheen (Senate Sponsor - Springer) H.B. No. 614
(In the Senate - Received from the House May 10, 2023;
May 11, 2023, read first time and referred to Committee on Local
Government; May 22, 2023, reported favorably by the following
vote: Yeas 7, Nays 1; May 22, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE VOTE
YeaNayAbsentPNV
BettencourtX
SpringerX
EckhardtX
GutierrezX
HallX
NicholsX
ParkerX
PaxtonX
WestX
A BILL TO BE ENTITLED
AN ACT
relating to property owners' association fines.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 209, Property Code, is amended by adding
Section 209.0061 to read as follows:
Sec. 209.0061. ASSOCIATION POLICY; FINES. (a) This
section does not apply to a property owners' association that is not
authorized by the association's dedicatory instrument to levy a
fine.
(b) A property owners' association board shall adopt an
enforcement policy regarding the levying of fines by the property
owners' association. The policy must include:
(1) general categories of restrictive covenants for
which the association may assess fines;
(2) a schedule of fines for each category of
violation; and
(3) information regarding hearings described by
Section 209.007.
(c) The enforcement policy adopted pursuant to Subsection
(b) may reserve the board's authority to levy a fine from the
schedule of fines that varies on a case-by-case basis.
(d) Each property owners' association shall:
(1) provide a copy of the policy to an owner of each
property in the subdivision by:
(A) posting the policy on an Internet website
maintained by the property owners' association or an agent acting
on behalf of the association and accessible to members of the
association; or
(B) annually sending a copy of the policy,
separately or included in routine communication from the property
owners' association to property owners, by:
(i) hand delivery to the owner;
(ii) first class mail to the owner's last
known mailing address; or
(iii) e-mail to an e-mail address provided
to the property owners' association by the owner; and
(2) make the policy available on any publicly
accessible Internet website maintained by the property owners'
association or an agent acting on behalf of the association.
SECTION 2. Section 209.0061, Property Code, as added by
this Act, applies only to a fine that becomes due on or after the
effective date of this Act. A fine that becomes due before the
effective date of this Act is governed by the law in effect
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 3. This Act takes effect January 1, 2024.
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