Texas 2025 - 89th Regular

Texas Senate Bill SB711 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Hughes S.B. No. 711
2		-
3		-
	2	+	(In the Senate - Filed January 6, 2025; February 7, 2025,
	3	+	read first time and referred to Committee on Jurisprudence;
	4	+	March 24, 2025, reported favorably by the following vote: Yeas 5,
	5	+	Nays 0; March 24, 2025, sent to printer.)
	6	+	Click here to see the committee vote
4	7
5	8
6	9		A BILL TO BE ENTITLED
7	10		AN ACT
8	11		relating to property owners' associations, including condominium
9	12		unit owners' associations.
10	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	14		SECTION 1. Section 82.003(a), Property Code, is amended by
12	15		adding Subdivision (17-a) to read as follows:
13	16		(17-a) "Management company" means a person or entity
14	17		established or contracted to provide management or administrative
15	18		services on behalf of a unit owners' association organized under
16	19		Section 82.101.
17	20		SECTION 2. Subchapter C, Chapter 82, Property Code, is
18	21		amended by adding Section 82.1142 to read as follows:
19	22		Sec. 82.1142. ONLINE ASSOCIATION INFORMATION REQUIRED. (a)
20	23		This section only applies to:
21	24		(1) the association of a condominium composed of at
22	25		least 60 units; or
23	26		(2) an association that has contracted with a
24	27		management company.
25	28		(b) An association to which this section applies shall make
26	29		the current version of the association's dedicatory instruments
27	30		relating to the association and filed in the county deed records
28	31		available on an Internet website that is:
29	32		(1) maintained by the association or a management
30	33		company on behalf of the association; and
31	34		(2) accessible to association members.
32	35		SECTION 3. Section 82.116, Property Code, is amended by
33	36		amending Subsections (a), (b), and (c) and adding Subsections (b-1)
34	37		and (d) to read as follows:
35	38		(a) An association shall record in each county in which any
36	39		portion of the condominium is located a management certificate,
37	40		signed and acknowledged by an officer of the association, stating:
38	41		(1) the name of the condominium;
39	42		(2) the name of the association;
40	43		(3) the location of the condominium;
41	44		(4) the recording data for the declaration and any
42	45		amendments to the declaration;
43	46		(5) the mailing address of the association;
44	47		(6) [, or] the name, [and] mailing address, telephone
45	48		number, and e-mail address of any management company [the person or
46	49		entity managing the association];
47	50		(7) the website address of any Internet website on
48	51		which the association's dedicatory instruments are available in
49	52		accordance with Section 82.1142;
50	53		(8) the amount and description of a fee or fees charged
51	54		to a unit seller or buyer relating to a transfer of a property
52	55		interest in a unit of the condominium; and
53	56		(9) [(6)] other information the association considers
54	57		appropriate.
55	58		(b) The association shall record an amended [a] management
56	59		certificate not later than the 30th day after the date the
57	60		association has notice of a change in any information in a recorded
58	61		certificate required by Subsection (a) [Subdivisions (a)(1)-(5)].
59	62		(b-1) Not later than the seventh day after the date an
60	63		association files a management certificate for recording under
61	64		Subsection (a) or files an amended management certificate for
62	65		recording under Subsection (b), the association shall
63	66		electronically file the management certificate or amended
64	67		management certificate with the Texas Real Estate Commission. The
65	68		Texas Real Estate Commission shall only collect the management
66	69		certificate and amended management certificate for the purpose of
67	70		making the data accessible to the public through an Internet
68	71		website.
69	72		(c) Except as provided by Subsection (d), the [The]
70	73		association and its officers, directors, employees, and agents are
71	74		not subject to liability to any person for delay or failure to
72	75		record a management certificate with a county clerk's office or to
73	76		electronically file the management certificate with the Texas Real
74	77		Estate Commission, unless the delay or failure is wilful or caused
75	78		by gross negligence.
76	79		(d) A unit owner is not liable for attorney's fees incurred
77	80		by an association relating to the collection of a delinquent
78	81		assessment against the unit owner, or interest on the delinquent
79	82		assessment, if the attorney's fees are incurred by the association
80	83		or the interest accrues during the period a management certificate
81	84		is not recorded with a county clerk or electronically filed with the
82	85		Texas Real Estate Commission, as required by this section.
83	86		SECTION 4. Section 82.157, Property Code, is amended by
84	87		adding Subsection (f) to read as follows:
85	88		(f) An association may charge a reasonable and necessary
86	89		fee, not to exceed $375, to furnish a resale certificate under
87	90		Subsection (a).
88	91		SECTION 5. Section 202.023, Property Code, is amended by
89	92		amending Subsection (c) and adding Subsections (d) and (e) to read
90	93		as follows:
91	94		(c) This section does not prohibit a property owners'
92	95		association from:
93	96		(1) prohibiting the installation of a security camera
94	97		by a property owner in a place other than the property owner's
95	98		private property; [or]
96	99		(2) regulating the type of fencing that a property
97	100		owner may install;
98	101		(3) prohibiting the placement of fencing that
99	102		obstructs:
100	103		(A) a license area, as defined by a written
101	104		license agreement or plat;
102	105		(B) a sidewalk in the public right-of-way or
103	106		otherwise installed for public or community use; or
104	107		(C) a drainage easement or drainage area;
105	108		(4) requiring a driveway gate to be set back at least
106	109		10 feet from the right-of-way if the driveway intersects with a
107	110		laned roadway, as defined by Section 541.302, Transportation Code;
108	111		or
109	112		(5) if provided by a restrictive covenant, prohibiting
110	113		the installation of fencing in front of the front-most building
111	114		line of a dwelling.
112	115		(d) Notwithstanding Subsection (c), a property owner may
113	116		maintain any perimeter fencing or fencing in front of a dwelling's
114	117		front-most building line installed or constructed before September
115	118		1, 2025.
116	119		(e) Notwithstanding Subsection (c)(5), a property owners'
117	120		association may not prohibit a property owner from installing
118	121		perimeter fencing or fencing in front of the front-most building
119	122		line of a dwelling if:
120	123		(1) the property owner's residential address is exempt
121	124		from public disclosure under state or federal law; or
122	125		(2) the property owner provides to the association
123	126		documentation from a law enforcement agency of the property owner's
124	127		need for enhanced security measures.
125	128		SECTION 6. Section 209.00505(c), Property Code, is
126	129		redesignated as Section 209.00506, Property Code, and amended to
127	130		read as follows:
128	131		Sec. 209.00506. ELIGIBILITY TO SERVE ON ARCHITECTURAL
129	132		REVIEW AUTHORITY. (a) This section applies only to an
130	133		architectural review authority to which Section 209.00505 applies.
131	134		(b) Except as provided by Subsection (d), a person may not
132	135		be appointed or elected to serve on an architectural review
133	136		authority unless the person timely notifies the property owners'
134	137		association of the person's interest in serving on the authority in
135	138		accordance with Section 209.00507.
136	139		(c) Except as provided by Subsection (d), a [A] person may
137	140		not be appointed or elected to serve on an architectural review
138	141		authority if the person is:
139	142		(1) a current board member;
140	143		(2) a current board member's spouse; or
141	144		(3) a person residing in a current board member's
142	145		household.
143	146		(d) If a vacancy remains on the architectural review
144	147		authority after each person eligible under Subsection (c) who
145	148		timely notifies the property owners' association in accordance with
146	149		Section 209.00507 is appointed or elected to the authority, the
147	150		association may appoint any person to fill the vacancy, including a
148	151		person not otherwise eligible under Subsection (c).
149	152		SECTION 7. Chapter 209, Property Code, is amended by adding
150	153		Section 209.00507 to read as follows:
151	154		Sec. 209.00507. SOLICITATION OF CANDIDATES FOR
152	155		ARCHITECTURAL REVIEW AUTHORITY. (a) This section applies only to
153	156		an architectural review authority to which Section 209.00505
154	157		applies.
155	158		(b) Not later than the 10th day before the date a property
156	159		owners' association or board takes action to elect or appoint or
157	160		meets to elect or appoint a person to serve on the architectural
158	161		review authority, the association must provide notice to the
159	162		association members soliciting persons interested in serving on the
160	163		architectural review authority.
161	164		(c) The notice required under Subsection (b) must:
162	165		(1) be provided:
163	166		(A) by mail to each owner; or
164	167		(B) by:
165	168		(i) posting the notice in a conspicuous
166	169		manner reasonably designed to provide notice to property owners'
167	170		association members:
168	171		(a) in a place located on the
169	172		association's common property or, with the property owner's
170	173		consent, on other conspicuously located privately owned property
171	174		within the subdivision; or
172	175		(b) on any Internet website
173	176		maintained by the association or other Internet media; and
174	177		(ii) sending the notice by e-mail to each
175	178		owner who has registered an e-mail address with the property
176	179		owners' association; and
177	180		(2) contain instructions for a person to notify the
178	181		property owners' association of the person's interest in serving on
179	182		the architectural review authority, including the date by which the
180	183		person's notification must be received by the association.
181	184		(d) The date established by a property owners' association
182	185		under Subsection (c)(2) by which notification of a person's
183	186		interest in serving on the architectural review authority must be
184	187		received by the association may not be a date earlier than the 10th
185	188		day after the date the association provides the notice described by
186	189		Subsection (c).
187	190		SECTION 8. A condominium unit owners' association that has
188	191		recorded a management certificate or amended management
189	192		certificate with a county clerk under Section 82.116, Property
190	193		Code, before the effective date of this Act shall electronically
191	194		file the most recently recorded management certificate or amended
192	195		management certificate with the Texas Real Estate Commission as
193	196		required by Section 82.116(b-1), Property Code, as added by this
194	197		Act, not later than March 1, 2026.
195	198		SECTION 9. This Act takes effect September 1, 2025.
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