Texas 2023 - 88th 3rd C.S.

Texas Senate Bill SB48 Compare Versions

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