Amend CSSB 699 as follows:
1. Amend Section 207.002, by inserting the following new
subdivision (9) on page 1, line 52, Senate committee printing, and
renumbering subsequent subdivisions accordingly:
"(9) 'Member' means a member of the association as defined
in the restrictions for a residential subdivision, or a lot owner
in the subdivision if the restrictions contain no definition."
2. Amend Section 207.061(b), by inserting the words "or other
applicable law." on page 5, line 11, Senate committee printing,
after the words "association's dedicatory instruments"
3. Amend Section 207.061(i), by adding the following on Page 6,
end of line 31, Senate committee printing, after the words
"delivered to the owners":
", posted in a prominent public place within the area of the
association, or published in a newspaper with general circulation
in the area of the association."
4. Amend Section 207.064(g), by striking the words "<owners present
in person or by proxy>" on page 8, lines 31-32, Senate committee
printing, and substituting the words "members voting"
5. Amend Section 207.065(a), by striking the words "<in person or
by proxy>" on page 8, lines 41-42 and page 8, line 49, Senate
committee printing.
6. Amend Section 207.065(b), by inserting the words "unless
prohibited by the bylaws of the association" after the words
"executed by a lot owner" on page 8, Line 52, Senate Committee
printing.
7. Amend Section 207.066 by inserting the following new
subsections (b) and (c), beginning on page 9, line 17, Senate
committee printing, and redesignating subsequent subsections
accordingly:
"(b) On an owner's written request, the property owners'
association shall furnish to the owner at the owner's expense a
copy of the restrictions and the bylaws and rules of the
association not later than the 10th day after the date the request
is received by the association. The association may charge a
reasonable fee for the documents and the copies; and the
association may pay compensation to whomever prepares or gathers
the documents or copies.
(c) An owner, owner's agent, and title insurance company or
its agent are not liable to a purchaser for a delay or failure of
the association to provide to the owner copies of documents
requested by the owner. If a property owners' association fails to
furnish the information required by Subsection (b) within the
period prescribed by that subsection, the owner or the owner's
agent or a title company or its agent acting on behalf of the owner
may submit a second request for the information. The second
request must be delivered by certified mail, return receipt
requested, or by hand delivery with a receipt for delivery. If the
property owners' association fails to furnish the information
required by Subsection (b) before the 7th day after the date the
second request for information is delivered, the association is
subject to civil penalties under Section 207.130(a) for failure to
timely furnish copies of the documents requested."
8. Amend Section 207.127(b)(4), by striking the word "request" on
Page 13, line 39, Senate committee printing, and inserting "within
10 days of receipt of the notice request in writing"
9. Amend Section 207.127(c) by adding the following on page 13,
end of line 58, Senate committee printing:
"An owner is not liable for attorney's fees incurred by the
association relating to a matter described by the notice in
subsection (b) unless the hearing requested by the owner is held or
attempted to be held in good faith by the association within the
period described by this section."
10. Amend Section 207.130 by striking subsection (a), page 16,
lines 37-40, Senate committee printing, and substituting the
following:
"(a) If a property owners' association fails to furnish a
resale certificate requested by an owner under Section 207.091
within the time period prescribed by Section 207.092, or if the
association fails to furnish the documents requested by the owner
under Section 207.066(b) within the period required by Section
207.066(c), or if the association board knowingly continues to
violate an open meetings requirement of Section 207.064 after the
notice prescribed by Section 207.064(h) has been given to the
board, the owner may seek:"