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A BILL TO BE ENTITLED
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AN ACT
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relating to property owners' association fines. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 209, Property Code, is amended by adding |
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Section 209.0061 to read as follows: |
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Sec. 209.0061. ASSOCIATION POLICY; FINES. (a) A property |
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owners' association board shall adopt an enforcement policy |
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regarding the levying of fines by the property owners' association. |
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The policy must include: |
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(1) each category of restrictive covenants for which |
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the association may assess a reasonable fine, including: |
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(A) property maintenance and repair; |
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(B) individual misconduct; and |
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(C) matters affecting health and safety; |
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(2) a schedule of fines for each category of |
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violation; and |
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(3) information regarding hearings described by |
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Section 209.007. |
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(b) The enforcement policy adopted pursuant to Subsection |
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(a) may reserve the board's authority to levy a fine from the |
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schedule of fines that varies on a case-by-case basis. |
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(c) Each property owners' association shall: |
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(1) file a copy of the enforcement policy adopted |
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under Subsection (a), and each subsequent amendment, with the |
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county clerk of each county in which the subdivision is located; |
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(2) provide a copy of the policy to an owner of each |
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property in the subdivision by: |
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(A) posting the policy on an Internet website |
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maintained by the property owners' association or an agent acting |
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on behalf of the association and accessible to members of the |
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association; or |
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(B) annually sending a copy of the policy, |
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separately or included in routine communication from the property |
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owners' association to property owners, by: |
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(i) hand-delivery to the owner; |
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(ii) first class mail to the owner's last |
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known mailing address; or |
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(iii) e-mail to an e-mail address provided |
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to the property owners' association by the owner; and |
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(3) make the policy available on any publicly |
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accessible Internet website maintained by the property owners' |
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association or an agent acting on behalf of the association. |
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SECTION 2. Section 209.0061, Property Code, as added by |
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this Act, applies only to a fine that becomes due on or after the |
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effective date of this Act. A fine that becomes due before the |
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effective date of this Act is governed by the law in effect |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect January 1, 2022. |