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1 | 1 | 89R4851 RAL-D | |
2 | 2 | By: Patterson H.B. No. 1812 | |
3 | 3 | ||
4 | 4 | ||
5 | 5 | ||
6 | 6 | ||
7 | 7 | A BILL TO BE ENTITLED | |
8 | 8 | AN ACT | |
9 | 9 | relating to the maintenance and use of common areas owned by a | |
10 | 10 | property owners' association. | |
11 | 11 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
12 | 12 | SECTION 1. Chapter 209, Property Code, is amended by adding | |
13 | 13 | Section 209.018 to read as follows: | |
14 | 14 | Sec. 209.018. MAINTENANCE AND USE OF ASSOCIATION COMMON | |
15 | 15 | AREAS. (a) A property owners' association shall maintain and | |
16 | 16 | regulate the use of all common areas owned by the association, | |
17 | 17 | including the necessary fixtures and personal property related to | |
18 | 18 | the common areas, according to any provisions or restrictions in | |
19 | 19 | the residential subdivision's dedicatory instruments regulating | |
20 | 20 | the owner's maintenance or use of similar areas, fixtures, and | |
21 | 21 | personal property related to the owner's residence or lot. | |
22 | 22 | (b) If a property owners' association violates this | |
23 | 23 | section, an owner is entitled to recover from or against the | |
24 | 24 | property owners' association: | |
25 | 25 | (1) injunctive relief; | |
26 | 26 | (2) court costs; and | |
27 | 27 | (3) reasonable attorney's fees incurred by the owner | |
28 | 28 | in seeking enforcement of this section. | |
29 | 29 | SECTION 2. This Act takes effect September 1, 2025. |