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A BILL TO BE ENTITLED
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AN ACT
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relating to property owners' associations, including condominium |
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owners' associations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 82.003(a), Property Code, is amended by |
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adding Subdivision (17-a) to read as follows: |
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(17-a) "Management company" means a person or entity |
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established or contracted to provide management or administrative |
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services on behalf of a unit owners' association organized under |
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Section 82.101. |
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SECTION 2. Subchapter C, Chapter 82, Property Code, is |
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amended by adding Section 82.1142 to read as follows: |
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Sec. 82.1142. ONLINE ASSOCIATION INFORMATION REQUIRED. (a) |
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This section only applies to: |
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(1) the association of a condominium composed of at |
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least 60 units; or |
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(2) an association that has contracted with a |
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management company. |
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(b) An association to which this section applies shall make |
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the current version of the association's dedicatory instruments |
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relating to the association and filed in the county deed records |
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available on an Internet website that is: |
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(1) maintained by the association or a management |
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company on behalf of the association; and |
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(2) accessible to association members. |
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SECTION 3. Section 82.116, Property Code, is amended by |
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amending Subsections (a), (b), and (c) and adding Subsections (b-1) |
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and (d) to read as follows: |
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(a) An association shall record in each county in which any |
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portion of the condominium is located a management certificate, |
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signed and acknowledged by an officer of the association, stating: |
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(1) the name of the condominium; |
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(2) the name of the association; |
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(3) the location of the condominium; |
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(4) the recording data for the declaration and any |
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amendments to the declaration; |
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(5) the mailing address of the association; [, or] |
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(6) the name, [and] mailing address, telephone number, |
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and e-mail address of any management company [the person or entity |
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managing the association]; |
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(7) the website address of any Internet website on |
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which the association's dedicatory instruments are available in |
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accordance with Section 82.1142; |
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(8) the amount and description of a fee or fees charged |
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to a unit seller or buyer relating to a transfer of a property |
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interest in a unit of the condominium; and |
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(9) [(6)] other information the association considers |
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appropriate. |
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(b) The association shall record an amended [a] management |
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certificate not later than the 30th day after the date the |
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association has notice of a change in any information in a recorded |
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certificate required by Subsection (a) [Subdivisions (a)(1)-(5)]. |
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(b-1) Not later than the seventh day after the date an |
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association files a management certificate for recording under |
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Subsection (a) or files an amended management certificate for |
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recording under Subsection (b), the association shall |
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electronically file the management certificate or amended |
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management certificate with the Texas Real Estate Commission. The |
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Texas Real Estate Commission shall only collect the management |
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certificate and amended management certificate for the purpose of |
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making the data accessible to the public through an Internet |
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website. |
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(c) Except as provided by Subsection (d), the [The] |
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association and its officers, directors, employees, and agents are |
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not subject to liability to any person for delay or failure to |
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record a management certificate with a county clerk's office or to |
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electronically file the management certificate with the Texas Real |
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Estate Commission, unless the delay or failure is wilful or caused |
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by gross negligence. |
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(d) A unit owner is not liable for attorney's fees incurred |
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by an association relating to the collection of a delinquent |
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assessment against the unit owner, or interest on the delinquent |
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assessment, if the attorney's fees are incurred by the association |
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or the interest accrues during the period a management certificate |
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is not recorded with a county clerk or electronically filed with the |
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Texas Real Estate Commission, as required by this section. |
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SECTION 4. Section 82.157, Property Code, is amended by |
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adding Subsection (f) to read as follows: |
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(f) An association may charge a reasonable and necessary |
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fee, not to exceed $375, to furnish a resale certificate under |
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Subsection (a). |
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SECTION 5. Section 202.023(c), Property Code, is amended to |
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read as follows: |
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(c) This section does not prohibit a property owners' |
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association from: |
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(1) prohibiting the installation of a security camera |
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by a property owner in a place other than the property owner's |
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private property; [or] |
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(2) regulating the type of fencing that a property |
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owner may install; |
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(3) prohibiting the placement of fencing that |
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obstructs a sidewalk, drainage area, or easement or license areas; |
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(4) requiring a driveway gate to be set back a |
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sufficient distance from the street to prevent a vehicle entering |
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the gate from impeding a passing vehicle or pedestrian; |
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(5) unless otherwise provided by a dedicatory |
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instrument, prohibiting the installation of fencing in front of the |
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front-most building line of a dwelling; or |
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(6) imposing other regulations related to the building |
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or installation of security measures that the property owners' |
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association determines are necessary to prevent or minimize a |
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hazard or risk to health or safety. |
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SECTION 6. Section 209.00505(c), Property Code, is |
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redesignated as Section 209.00506, Property Code, and amended to |
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read as follows: |
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Sec. 209.00506. ELIGIBILITY TO SERVE ON ARCHITECTURAL |
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REVIEW AUTHORITY. (a) This section applies only to an |
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architectural review authority to which Section 209.00505 applies. |
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(b) Except as provided by Subsection (d), a person may not |
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be appointed or elected to serve on an architectural review |
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authority unless the person timely notifies the association of the |
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person's interest in serving on the authority in accordance with |
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Section 209.00507. |
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(c) Except as provided by Subsection (d), a [A] person may |
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not be appointed or elected to serve on an architectural review |
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authority if the person is: |
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(1) a current board member; |
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(2) a current board member's spouse; or |
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(3) a person residing in a current board member's |
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household. |
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(d) If a vacancy remains on the architectural review |
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authority after each person eligible under Subsection (c) who |
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timely notifies the association in accordance with Section |
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209.00507 is appointed or elected to the authority, the association |
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may appoint any person to fill the vacancy, including a person not |
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otherwise eligible under Subsection (c). |
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SECTION 7. Chapter 209, Property Code, is amended by adding |
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Section 209.00507 to read as follows: |
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Sec. 209.00507. SOLICITATION OF CANDIDATES FOR |
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ARCHITECTURAL REVIEW AUTHORITY. (a) This section applies only to |
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an architectural review authority to which Section 209.00505 |
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applies. |
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(b) Not later than the 10th day before the date a property |
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owners' association or board takes action to elect or appoint or |
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meets to elect or appoint a person to serve on the architectural |
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review authority, the association must provide notice to the |
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association members soliciting persons interested in serving on the |
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architectural review authority. |
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(c) The notice required under Subsection (b) must: |
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(1) be provided: |
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(A) by mail to each owner; or |
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(B) by: |
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(i) posting the notice in a conspicuous |
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manner reasonably designed to provide notice to association |
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members: |
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(a) in a place located on the |
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association's common property or, with the property owner's |
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consent, on other conspicuously located privately owned property |
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within the subdivision; or |
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(b) on any Internet website |
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maintained by the association or other Internet media; and |
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(ii) sending the notice by e-mail to each |
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owner who has registered an e-mail address with the association; |
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and |
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(2) contain instructions for a person to notify the |
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association of the person's interest in serving on the |
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architectural review authority, including the date by which the |
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person's notification must be received by the association. |
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(d) The date by which a person must notify the association |
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of the person's interest in serving on the architectural review |
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authority may not be earlier than the 10th day after the date the |
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association provides the notice described by Subsection (c). |
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SECTION 8. A condominium unit owners' association that has |
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recorded a management certificate or amended management |
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certificate with a county clerk under Section 82.116, Property |
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Code, before the effective date of this Act shall electronically |
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file the most recently recorded management certificate or amended |
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management certificate with the Texas Real Estate Commission as |
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required by Section 82.116(b-1), Property Code, as added by this |
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Act, not later than March 1, 2024. |
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SECTION 9. This Act takes effect September 1, 2023. |