Bill Text: TX HB923 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to property owners' association fines.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Introduced - Dead) 2017-05-01 - Considered in Calendars [HB923 Detail]
Download: Texas-2017-HB923-Comm_Sub.html
| 85R19742 PMO-D | |||
| By: Shaheen, Shine, Fallon, Vo | H.B. No. 923 | ||
| Substitute the following for H.B. No. 923: | |||
| By: Shine | C.S.H.B. No. 923 | ||
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| relating to property owners' association fines. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 209, Property Code, is amended by adding | ||
| Section 209.0061 to read as follows: | ||
| Sec. 209.0061. ASSOCIATION POLICY; ASSESSMENT OF FINES. | ||
| (a) A property owners' association board shall adopt a policy | ||
| regarding the enforcement of fines assessed by the property owners' | ||
| association. The policy must disclose: | ||
| (1) each type of violation for which the board may | ||
| assess a fine; | ||
| (2) the amount of the fine for each type of violation; | ||
| and | ||
| (3) pertinent information regarding hearings | ||
| described by Section 209.007. | ||
| (b) The amount of a fine assessed by the property owners' | ||
| association must be reasonable in the context of the nature and | ||
| frequency of the violation and the effect of the violation on the | ||
| subdivision as a whole. | ||
| (c) Each property owners' association shall: | ||
| (1) file a copy of the policy adopted under Subsection | ||
| (a), and each subsequent amendment, with the county clerk of each | ||
| county in which the subdivision is located; and | ||
| (2) provide a copy of the policy to an owner of each | ||
| property in the subdivision by: | ||
| (A) posting the policy on an Internet website | ||
| maintained by the property owners' association; or | ||
| (B) annually sending a copy of the policy, | ||
| separately or included in routine communication from the property | ||
| owners' association to property owners, by: | ||
| (i) hand-delivery to the owner; | ||
| (ii) first class mail to the owner's last | ||
| known mailing address; or | ||
| (iii) e-mail to an e-mail address provided | ||
| to the property owners' association by the owner. | ||
| SECTION 2. Section 209.0061, Property Code, as added by | ||
| this Act, applies only to a fine that becomes due on or after the | ||
| effective date of this Act. A fine that becomes due 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, 2017. | ||
