Bill Text: TX HB3503 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to property owners' associations, including condominium owners' associations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-05-02 - Committee report sent to Calendars [HB3503 Detail]
Download: Texas-2023-HB3503-Comm_Sub.html
88R23269 KBB-F | |||
By: Turner | H.B. No. 3503 | ||
Substitute the following for H.B. No. 3503: | |||
By: Hinojosa | C.S.H.B. No. 3503 |
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relating to property owners' associations, including condominium | ||
owners' associations. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 82.003(a), Property Code, is amended by | ||
adding Subdivision (17-a) to read as follows: | ||
(17-a) "Management company" means a person or entity | ||
established or contracted to provide management or administrative | ||
services on behalf of a unit owners' association organized under | ||
Section 82.101. | ||
SECTION 2. Subchapter C, Chapter 82, Property Code, is | ||
amended by adding Section 82.1142 to read as follows: | ||
Sec. 82.1142. ONLINE ASSOCIATION INFORMATION REQUIRED. (a) | ||
This section only applies to: | ||
(1) the association of a condominium composed of at | ||
least 60 units; or | ||
(2) an association that has contracted with a | ||
management company. | ||
(b) An association to which this section applies shall make | ||
the current version of the association's dedicatory instruments | ||
relating to the association and filed in the county deed records | ||
available on an Internet website that is: | ||
(1) maintained by the association or a management | ||
company on behalf of the association; and | ||
(2) accessible to association members. | ||
SECTION 3. Section 82.116, Property Code, is amended by | ||
amending Subsections (a), (b), and (c) and adding Subsections (b-1) | ||
and (d) to read as follows: | ||
(a) An association shall record in each county in which any | ||
portion of the condominium is located a management certificate, | ||
signed and acknowledged by an officer of the association, stating: | ||
(1) the name of the condominium; | ||
(2) the name of the association; | ||
(3) the location of the condominium; | ||
(4) the recording data for the declaration and any | ||
amendments to the declaration; | ||
(5) the mailing address of the association; [ |
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(6) the name, [ |
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and e-mail address of any management company [ |
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(7) the website address of any Internet website on | ||
which the association's dedicatory instruments are available in | ||
accordance with Section 82.1142; | ||
(8) the amount and description of a fee or fees charged | ||
to a unit seller or buyer relating to a transfer of a property | ||
interest in a unit of the condominium; and | ||
(9) [ |
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appropriate. | ||
(b) The association shall record an amended [ |
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certificate not later than the 30th day after the date the | ||
association has notice of a change in any information in a recorded | ||
certificate required by Subsection (a) [ |
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(b-1) Not later than the seventh day after the date an | ||
association files a management certificate for recording under | ||
Subsection (a) or files an amended management certificate for | ||
recording under Subsection (b), the association shall | ||
electronically file the management certificate or amended | ||
management certificate with the Texas Real Estate Commission. The | ||
Texas Real Estate Commission shall only collect the management | ||
certificate and amended management certificate for the purpose of | ||
making the data accessible to the public through an Internet | ||
website. | ||
(c) Except as provided by Subsection (d), the [ |
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association and its officers, directors, employees, and agents are | ||
not subject to liability to any person for delay or failure to | ||
record a management certificate with a county clerk's office or to | ||
electronically file the management certificate with the Texas Real | ||
Estate Commission, unless the delay or failure is wilful or caused | ||
by gross negligence. | ||
(d) A unit owner is not liable for attorney's fees incurred | ||
by an association relating to the collection of a delinquent | ||
assessment against the unit owner, or interest on the delinquent | ||
assessment, if the attorney's fees are incurred by the association | ||
or the interest accrues during the period a management certificate | ||
is not recorded with a county clerk or electronically filed with the | ||
Texas Real Estate Commission, as required by this section. | ||
SECTION 4. Section 82.157, Property Code, is amended by | ||
adding Subsection (f) to read as follows: | ||
(f) An association may charge a reasonable and necessary | ||
fee, not to exceed $375, to furnish a resale certificate under | ||
Subsection (a). | ||
SECTION 5. Section 202.023, Property Code, is amended by | ||
amending Subsection (c) and adding Subsection (d) to read as | ||
follows: | ||
(c) This section does not prohibit a property owners' | ||
association from: | ||
(1) prohibiting the installation of a security camera | ||
by a property owner in a place other than the property owner's | ||
private property; [ |
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(2) regulating the type of fencing that a property | ||
owner may install; | ||
(3) prohibiting the placement of fencing that | ||
obstructs a sidewalk or drainage easement or drainage area; | ||
(4) requiring a driveway gate to be set back at least | ||
18 feet from the right-of-way if the driveway intersects with a | ||
laned roadway, as defined by Section 541.302, Transportation Code; | ||
or | ||
(5) if provided by a dedicatory instrument, | ||
prohibiting the installation of fencing in front of the frontmost | ||
building line of a dwelling. | ||
(d) Notwithstanding Subsection (c), a property owner may | ||
maintain any perimeter fencing or fencing in front of a dwelling's | ||
frontmost building line installed or constructed before September | ||
1, 2023. | ||
SECTION 6. Section 209.00505(c), Property Code, is | ||
redesignated as Section 209.00506, Property Code, and amended to | ||
read as follows: | ||
Sec. 209.00506. ELIGIBILITY TO SERVE ON ARCHITECTURAL | ||
REVIEW AUTHORITY. (a) This section applies only to an | ||
architectural review authority to which Section 209.00505 applies. | ||
(b) Except as provided by Subsection (d), a person may not | ||
be appointed or elected to serve on an architectural review | ||
authority unless the person timely notifies the association of the | ||
person's interest in serving on the authority in accordance with | ||
Section 209.00507. | ||
(c) Except as provided by Subsection (d), a [ |
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not be appointed or elected to serve on an architectural review | ||
authority if the person is: | ||
(1) a current board member; | ||
(2) a current board member's spouse; or | ||
(3) a person residing in a current board member's | ||
household. | ||
(d) If a vacancy remains on the architectural review | ||
authority after each person eligible under Subsection (c) who | ||
timely notifies the association in accordance with Section | ||
209.00507 is appointed or elected to the authority, the association | ||
may appoint any person to fill the vacancy, including a person not | ||
otherwise eligible under Subsection (c). | ||
SECTION 7. Chapter 209, Property Code, is amended by adding | ||
Section 209.00507 to read as follows: | ||
Sec. 209.00507. SOLICITATION OF CANDIDATES FOR | ||
ARCHITECTURAL REVIEW AUTHORITY. (a) This section applies only to | ||
an architectural review authority to which Section 209.00505 | ||
applies. | ||
(b) Not later than the 10th day before the date a property | ||
owners' association or board takes action to elect or appoint or | ||
meets to elect or appoint a person to serve on the architectural | ||
review authority, the association must provide notice to the | ||
association members soliciting persons interested in serving on the | ||
architectural review authority. | ||
(c) The notice required under Subsection (b) must: | ||
(1) be provided: | ||
(A) by mail to each owner; or | ||
(B) by: | ||
(i) posting the notice in a conspicuous | ||
manner reasonably designed to provide notice to association | ||
members: | ||
(a) in a place located on the | ||
association's common property or, with the property owner's | ||
consent, on other conspicuously located privately owned property | ||
within the subdivision; or | ||
(b) on any Internet website | ||
maintained by the association or other Internet media; and | ||
(ii) sending the notice by e-mail to each | ||
owner who has registered an e-mail address with the association; | ||
and | ||
(2) contain instructions for a person to notify the | ||
association of the person's interest in serving on the | ||
architectural review authority, including the date by which the | ||
person's notification must be received by the association. | ||
(d) The date by which a person must notify the association | ||
of the person's interest in serving on the architectural review | ||
authority may not be earlier than the 10th day after the date the | ||
association provides the notice described by Subsection (c). | ||
SECTION 8. A condominium unit owners' association that has | ||
recorded a management certificate or amended management | ||
certificate with a county clerk under Section 82.116, Property | ||
Code, before the effective date of this Act shall electronically | ||
file the most recently recorded management certificate or amended | ||
management certificate with the Texas Real Estate Commission as | ||
required by Section 82.116(b-1), Property Code, as added by this | ||
Act, not later than March 1, 2024. | ||
SECTION 9. This Act takes effect September 1, 2023. |