| 1 | 1 | | H.B. No. 886 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | AN ACT |
|---|
| 5 | 5 | | relating to requirements to file a property owners' association |
|---|
| 6 | 6 | | assessment lien. |
|---|
| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 8 | 8 | | SECTION 1. Section 209.0094, Property Code, is amended to |
|---|
| 9 | 9 | | read as follows: |
|---|
| 10 | 10 | | Sec. 209.0094. ASSESSMENT LIEN FILING. (a) In this section, |
|---|
| 11 | 11 | | "assessment lien" means a [A] lien, lien affidavit, or other lien |
|---|
| 12 | 12 | | instrument evidencing the nonpayment of assessments or other |
|---|
| 13 | 13 | | charges owed to a property owners' association. |
|---|
| 14 | 14 | | (b) An assessment lien [and] filed in the official public |
|---|
| 15 | 15 | | records of a county is a legal instrument affecting title to real |
|---|
| 16 | 16 | | property. |
|---|
| 17 | 17 | | (c) Before a property owners' association files an |
|---|
| 18 | 18 | | assessment lien, the association must provide notices of |
|---|
| 19 | 19 | | delinquency in accordance with Subsections (d) and (e). |
|---|
| 20 | 20 | | (d) The first notice of delinquency must be provided: |
|---|
| 21 | 21 | | (1) by first class mail to the property owner's last |
|---|
| 22 | 22 | | known mailing address, as reflected in records maintained by the |
|---|
| 23 | 23 | | association; or |
|---|
| 24 | 24 | | (2) by e-mail to an e-mail address the property owner |
|---|
| 25 | 25 | | has provided to the property owners' association. |
|---|
| 26 | 26 | | (e) The second notice of delinquency must be provided by |
|---|
| 27 | 27 | | certified mail, return receipt requested, to the property owner's |
|---|
| 28 | 28 | | last known mailing address, as reflected in the records maintained |
|---|
| 29 | 29 | | by the association, not earlier than the 30th day after notice is |
|---|
| 30 | 30 | | given under Subsection (d). |
|---|
| 31 | 31 | | (f) A property owners' association may not file an |
|---|
| 32 | 32 | | assessment lien before the 90th day after the date notice of |
|---|
| 33 | 33 | | delinquency was sent to the property owner under Subsection (e). |
|---|
| 34 | 34 | | (g) Subsections (c), (d), and (e) do not apply to a property |
|---|
| 35 | 35 | | owners' association providing a property owner covered by the |
|---|
| 36 | 36 | | Servicemembers Civil Relief Act (50 U.S.C. Section 3901 et seq.) |
|---|
| 37 | 37 | | the protections to which the owner is entitled under the Act. |
|---|
| 38 | 38 | | SECTION 2. Section 209.0094, Property Code, as amended by |
|---|
| 39 | 39 | | this Act, applies only to an assessment that becomes delinquent on |
|---|
| 40 | 40 | | or after the effective date of this Act. An assessment that becomes |
|---|
| 41 | 41 | | delinquent before the effective date of this Act is governed by the |
|---|
| 42 | 42 | | law in effect immediately before the effective date of this Act, and |
|---|
| 43 | 43 | | that law is continued in effect for that purpose. |
|---|
| 44 | 44 | | SECTION 3. This Act takes effect September 1, 2023. |
|---|
| 45 | 45 | | ______________________________ ______________________________ |
|---|
| 46 | 46 | | President of the Senate Speaker of the House |
|---|
| 47 | 47 | | I certify that H.B. No. 886 was passed by the House on May 6, |
|---|
| 48 | 48 | | 2023, by the following vote: Yeas 128, Nays 6, 2 present, not |
|---|
| 49 | 49 | | voting. |
|---|
| 50 | 50 | | ______________________________ |
|---|
| 51 | 51 | | Chief Clerk of the House |
|---|
| 52 | 52 | | I certify that H.B. No. 886 was passed by the Senate on May |
|---|
| 53 | 53 | | 24, 2023, by the following vote: Yeas 31, Nays 0. |
|---|
| 54 | 54 | | ______________________________ |
|---|
| 55 | 55 | | Secretary of the Senate |
|---|
| 56 | 56 | | APPROVED: _____________________ |
|---|
| 57 | 57 | | Date |
|---|
| 58 | 58 | | _____________________ |
|---|
| 59 | 59 | | Governor |
|---|