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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; ASSESSMENT OF FINES. |
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(a) A property owners' association board shall adopt a policy |
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regarding the enforcement of fines assessed by the property owners' |
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association. The policy must disclose: |
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(1) each type of violation for which the board may |
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assess a fine; |
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(2) the amount of the fine for each type of violation; |
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and |
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(3) pertinent information regarding hearings |
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described by Section 209.007. |
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(b) The amount of a fine assessed by the property owners' |
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association must be reasonable in the context of the nature and |
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frequency of the violation and the effect of the violation on the |
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subdivision as a whole. |
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(c) Each property owners' association shall: |
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(1) file a copy of the policy adopted under Subsection |
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(a), and each subsequent amendment, with the county clerk of each |
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county in which the subdivision is located; and |
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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 |
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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. |
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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 September 1, 2021. |