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