Enrolled Bill Summary

            Senate Bill 434 amends the Property Code to require a property owners' association that is entitled to levy regular or special assessments to deliver, on written request by an owner, copies of the association's restrictions, bylaws, and rules and a resale certificate containing certain information not later than the 10th day after the written request was received from the owner. The act specifies that the owner's remedies for failure of the association to timely deliver this information include a court order directing the association to furnish the information, a judgment for not more than $500 or court costs and attorney's fees, or a judgment authorizing the owner to deduct these amounts from assessments payable to the association. The act authorizes an owner to provide to a buyer under contract to purchase the owner's property an affidavit stating that the owner has requested the information and that the association did not timely provide the information. The act also provides that in such a case the buyer is not liable to the association for any unpaid amounts or debt that accrued before the affidavit was prepared and that an association's lien to secure amounts due on the owner's property are automatically terminated on the date the affidavit was prepared.