Bill Text: TX HB886 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to requirements to file a property owners' association assessment lien.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2023-06-13 - Effective on 9/1/23 [HB886 Detail]
Download: Texas-2023-HB886-Enrolled.html
| H.B. No. 886 | ||
|
|
||
| relating to requirements to file a property owners' association | ||
| assessment lien. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 209.0094, Property Code, is amended to | ||
| read as follows: | ||
| Sec. 209.0094. ASSESSMENT LIEN FILING. (a) In this section, | ||
| "assessment lien" means a [ |
||
| instrument evidencing the nonpayment of assessments or other | ||
| charges owed to a property owners' association. | ||
| (b) An assessment lien [ |
||
| records of a county is a legal instrument affecting title to real | ||
| property. | ||
| (c) Before a property owners' association files an | ||
| assessment lien, the association must provide notices of | ||
| delinquency in accordance with Subsections (d) and (e). | ||
| (d) The first notice of delinquency must be provided: | ||
| (1) by first class mail to the property owner's last | ||
| known mailing address, as reflected in records maintained by the | ||
| association; or | ||
| (2) by e-mail to an e-mail address the property owner | ||
| has provided to the property owners' association. | ||
| (e) The second notice of delinquency must be provided by | ||
| certified mail, return receipt requested, to the property owner's | ||
| last known mailing address, as reflected in the records maintained | ||
| by the association, not earlier than the 30th day after notice is | ||
| given under Subsection (d). | ||
| (f) A property owners' association may not file an | ||
| assessment lien before the 90th day after the date notice of | ||
| delinquency was sent to the property owner under Subsection (e). | ||
| (g) Subsections (c), (d), and (e) do not apply to a property | ||
| owners' association providing a property owner covered by the | ||
| Servicemembers Civil Relief Act (50 U.S.C. Section 3901 et seq.) | ||
| the protections to which the owner is entitled under the Act. | ||
| SECTION 2. Section 209.0094, Property Code, as amended by | ||
| this Act, applies only to an assessment that becomes delinquent on | ||
| or after the effective date of this Act. An assessment that becomes | ||
| delinquent before the effective date of this Act is governed by the | ||
| law in effect immediately before the effective date of this Act, and | ||
| that law is continued in effect for that purpose. | ||
| SECTION 3. This Act takes effect September 1, 2023. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 886 was passed by the House on May 6, | ||
| 2023, by the following vote: Yeas 128, Nays 6, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 886 was passed by the Senate on May | ||
| 24, 2023, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
