Enrolled Bill Summary

Senate Bill 1668	Senate Author:  Hughes
Effective:  Vetoed	House Sponsor:  Turner

            Senate Bill 1668 amends the Property Code to revise provisions relating to property owners' associations and condominium owners' associations. Among other provisions, the bill does the following:

·        requires a condominium owners' association to make the current version of the association's dedicatory instruments relating to the association and filed in the county deed records available on a website that is accessible to association members and maintained by the association or a management company on behalf of the association, applicable only to an association of a condominium governed under the Uniform Condominium Act that is composed of at least 60 units or an association that has contracted with a management company;

·        sets out provisions regarding a management certificate or an amended management certificate filed with the Texas Real Estate Commission, provisions regarding liability for a delay or failure in recording or filing the certificate, and provisions prescribing additional information that must be stated in the certificate, such as 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;

·        authorizes a condominium owners' association to charge a reasonable and necessary fee, capped at $375, to furnish a resale certificate to a unit owner other than a declarant who intends to sell a unit;

·        specifies and further clarifies the actions that a property owners' association is not prohibited from taking; and

·        sets out provisions regarding perimeter fencing and fencing in front of the front most building line of a dwelling if the property owner's residential address is exempt from state or federal public disclosure law or the property owner provides to the association documentation from a law enforcement agency of the property owner's need for enhanced security measures.

In addition, the bill revises provisions relating to an architectural review authority of a property owners' association that consists of more than 40 lots.

Governor's Reason for Veto: "While Senate Bill No. 1668 is important, it is simply not as important as cutting property taxes. At this time, the legislature must concentrate on delivering property tax cuts to Texans. This bill can be reconsidered at a future special session only after property tax relief is passed."