Texas 2023 - 88th Regular

Texas Senate Bill SB1668 Compare Versions

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1	1	S.B. No. 1668
2	2
3	3
4	4	AN ACT
5	5	relating to property owners' associations, including condominium
6	6	owners' associations.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 82.003(a), Property Code, is amended by
9	9	adding Subdivision (17-a) to read as follows:
10	10	(17-a) "Management company" means a person or entity
11	11	established or contracted to provide management or administrative
12	12	services on behalf of a unit owners' association organized under
13	13	Section 82.101.
14	14	SECTION 2. Subchapter C, Chapter 82, Property Code, is
15	15	amended by adding Section 82.1142 to read as follows:
16	16	Sec. 82.1142. ONLINE ASSOCIATION INFORMATION REQUIRED. (a)
17	17	This section only applies to:
18	18	(1) the association of a condominium composed of at
19	19	least 60 units; or
20	20	(2) an association that has contracted with a
21	21	management company.
22	22	(b) An association to which this section applies shall make
23	23	the current version of the association's dedicatory instruments
24	24	relating to the association and filed in the county deed records
25	25	available on an Internet website that is:
26	26	(1) maintained by the association or a management
27	27	company on behalf of the association; and
28	28	(2) accessible to association members.
29	29	SECTION 3. Section 82.116, Property Code, is amended by
30	30	amending Subsections (a), (b), and (c) and adding Subsections (b-1)
31	31	and (d) to read as follows:
32	32	(a) An association shall record in each county in which any
33	33	portion of the condominium is located a management certificate,
34	34	signed and acknowledged by an officer of the association, stating:
35	35	(1) the name of the condominium;
36	36	(2) the name of the association;
37	37	(3) the location of the condominium;
38	38	(4) the recording data for the declaration and any
39	39	amendments to the declaration;
40	40	(5) the mailing address of the association;[, or]
41	41	(6) the name, [and] mailing address, telephone number,
42	42	and e-mail address of any management company [the person or entity
43	43	managing the association];
44	44	(7) the website address of any Internet website on
45	45	which the association's dedicatory instruments are available in
46	46	accordance with Section 82.1142;
47	47	(8) the amount and description of a fee or fees charged
48	48	to a unit seller or buyer relating to a transfer of a property
49	49	interest in a unit of the condominium; and
50	50	(9) [(6)] other information the association considers
51	51	appropriate.
52	52	(b) The association shall record an amended [a] management
53	53	certificate not later than the 30th day after the date the
54	54	association has notice of a change in any information in a recorded
55	55	certificate required by Subsection (a) [Subdivisions (a)(1)-(5)].
56	56	(b-1) Not later than the seventh day after the date an
57	57	association files a management certificate for recording under
58	58	Subsection (a) or files an amended management certificate for
59	59	recording under Subsection (b), the association shall
60	60	electronically file the management certificate or amended
61	61	management certificate with the Texas Real Estate Commission. The
62	62	Texas Real Estate Commission shall only collect the management
63	63	certificate and amended management certificate for the purpose of
64	64	making the data accessible to the public through an Internet
65	65	website.
66	66	(c) Except as provided by Subsection (d), the [The]
67	67	association and its officers, directors, employees, and agents are
68	68	not subject to liability to any person for delay or failure to
69	69	record a management certificate with a county clerk's office or to
70	70	electronically file the management certificate with the Texas Real
71	71	Estate Commission, unless the delay or failure is wilful or caused
72	72	by gross negligence.
73	73	(d) A unit owner is not liable for attorney's fees incurred
74	74	by an association relating to the collection of a delinquent
75	75	assessment against the unit owner, or interest on the delinquent
76	76	assessment, if the attorney's fees are incurred by the association
77	77	or the interest accrues during the period a management certificate
78	78	is not recorded with a county clerk or electronically filed with the
79	79	Texas Real Estate Commission, as required by this section.
80	80	SECTION 4. Section 82.157, Property Code, is amended by
81	81	adding Subsection (f) to read as follows:
82	82	(f) An association may charge a reasonable and necessary
83	83	fee, not to exceed $375, to furnish a resale certificate under
84	84	Subsection (a).
85	85	SECTION 5. Section 202.023, Property Code, is amended by
86	86	amending Subsection (c) and adding Subsections (d) and (e) to read
87	87	as follows:
88	88	(c) This section does not prohibit a property owners'
89	89	association from:
90	90	(1) prohibiting the installation of a security camera
91	91	by a property owner in a place other than the property owner's
92	92	private property; [or]
93	93	(2) regulating the type of fencing that a property
94	94	owner may install;
95	95	(3) prohibiting the placement of fencing that
96	96	obstructs:
97	97	(A) a license area, as defined by a written
98	98	license agreement or plat;
99	99	(B) a sidewalk in the public right-of-way or
100	100	otherwise installed for public or community use; or
101	101	(C) a drainage easement or drainage area;
102	102	(4) requiring a driveway gate to be set back at least
103	103	10 feet from the right-of-way if the driveway intersects with a
104	104	laned roadway, as defined by Section 541.302, Transportation Code;
105	105	or
106	106	(5) if provided by a restrictive covenant, prohibiting
107	107	the installation of fencing in front of the front-most building
108	108	line of a dwelling.
109	109	(d) Notwithstanding Subsection (c), a property owner may
110	110	maintain any perimeter fencing or fencing in front of a dwelling's
111	111	front-most building line installed or constructed before September
112	112	1, 2023.
113	113	(e) Notwithstanding Subsection (c)(5), an association may
114	114	not prohibit a property owner from installing perimeter fencing or
115	115	fencing in front of the front-most building line of a dwelling if:
116	116	(1) the property owner's residential address is exempt
117	117	from public disclosure under state or federal law; or
118	118	(2) the property owner provides to the association
119	119	documentation from a law enforcement agency of the property owner's
120	120	need for enhanced security measures.
121	121	SECTION 6. Section 209.00505(c), Property Code, is
122	122	redesignated as Section 209.00506, Property Code, and amended to
123	123	read as follows:
124	124	Sec. 209.00506. ELIGIBILITY TO SERVE ON ARCHITECTURAL
125	125	REVIEW AUTHORITY. (a) This section applies only to an
126	126	architectural review authority to which Section 209.00505 applies.
127	127	(b) Except as provided by Subsection (d), a person may not
128	128	be appointed or elected to serve on an architectural review
129	129	authority unless the person timely notifies the association of the
130	130	person's interest in serving on the authority in accordance with
131	131	Section 209.00507.
132	132	(c) Except as provided by Subsection (d), a [A] person may
133	133	not be appointed or elected to serve on an architectural review
134	134	authority if the person is:
135	135	(1) a current board member;
136	136	(2) a current board member's spouse; or
137	137	(3) a person residing in a current board member's
138	138	household.
139	139	(d) If a vacancy remains on the architectural review
140	140	authority after each person eligible under Subsection (c) who
141	141	timely notifies the association in accordance with Section
142	142	209.00507 is appointed or elected to the authority, the association
143	143	may appoint any person to fill the vacancy, including a person not
144	144	otherwise eligible under Subsection (c).
145	145	SECTION 7. Chapter 209, Property Code, is amended by adding
146	146	Section 209.00507 to read as follows:
147	147	Sec. 209.00507. SOLICITATION OF CANDIDATES FOR
148	148	ARCHITECTURAL REVIEW AUTHORITY. (a) This section applies only to
149	149	an architectural review authority to which Section 209.00505
150	150	applies.
151	151	(b) Not later than the 10th day before the date a property
152	152	owners' association or board takes action to elect or appoint or
153	153	meets to elect or appoint a person to serve on the architectural
154	154	review authority, the association must provide notice to the
155	155	association members soliciting persons interested in serving on the
156	156	architectural review authority.
157	157	(c) The notice required under Subsection (b) must:
158	158	(1) be provided:
159	159	(A) by mail to each owner; or
160	160	(B) by:
161	161	(i) posting the notice in a conspicuous
162	162	manner reasonably designed to provide notice to association
163	163	members:
164	164	(a) in a place located on the
165	165	association's common property or, with the property owner's
166	166	consent, on other conspicuously located privately owned property
167	167	within the subdivision; or
168	168	(b) on any Internet website
169	169	maintained by the association or other Internet media; and
170	170	(ii) sending the notice by e-mail to each
171	171	owner who has registered an e-mail address with the association;
172	172	and
173	173	(2) contain instructions for a person to notify the
174	174	association of the person's interest in serving on the
175	175	architectural review authority, including the date by which the
176	176	person's notification must be received by the association.
177	177	(d) The date established by an association under Subsection
178	178	(c)(2) by which notification of a person's interest in serving on
179	179	the architectural review authority must be received by the
180	180	association may not be a date earlier than the 10th day after the
181	181	date the association provides the notice described by Subsection
182	182	(c).
183	183	SECTION 8. A condominium unit owners' association that has
184	184	recorded a management certificate or amended management
185	185	certificate with a county clerk under Section 82.116, Property
186	186	Code, before the effective date of this Act shall electronically
187	187	file the most recently recorded management certificate or amended
188	188	management certificate with the Texas Real Estate Commission as
189	189	required by Section 82.116(b-1), Property Code, as added by this
190	190	Act, not later than March 1, 2024.
191	191	SECTION 9. This Act takes effect September 1, 2023.
192	192	______________________________ ______________________________
193	193	President of the Senate Speaker of the House
194	194	I hereby certify that S.B. No. 1668 passed the Senate on
195	195	May 3, 2023, by the following vote: Yeas 30, Nays 1; and that the
196	196	Senate concurred in House amendment on May 25, 2023, by the
197	197	following vote: Yeas 30, Nays 1.
198	198	______________________________
199	199	Secretary of the Senate
200	200	I hereby certify that S.B. No. 1668 passed the House, with
201	201	amendment, on May 23, 2023, by the following vote: Yeas 144,
202	202	Nays 0, two present not voting.
203	203	______________________________
204	204	Chief Clerk of the House
205	205	Approved:
206	206	______________________________
207	207	Date
208	208	______________________________
209	209	Governor