| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
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; [, or] |
|
|
(6) the name, [and] mailing address, telephone number, |
|
|
and e-mail address of any management company [the person or entity |
|
|
managing the association]; |
|
|
(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) [(6)] other information the association considers |
|
|
appropriate. |
|
|
(b) The association shall record an amended [a] management |
|
|
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) [Subdivisions (a)(1)-(5)]. |
|
|
(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 [The] |
|
|
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; [or] |
|
|
(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 [A] person may |
|
|
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. |