SRC-DPW C.S.S.B. 434 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 434
76R4900 PAM-FBy: Brown
State Affairs
3/31/1999
Committee Report (Substituted)


DIGEST 

Currently, the Texas Real Estate Commission provides that addendum and
resale certificates may be used in transactions involving the sale of
property subject to mandatory assessment in a property owners' association.
The information contained in the certificate may be pertinent to the buyer.
Some owners' associations refuse to provide a resale certificate or
information about the association to a prospective buyer.  This bill would
authorize a property owner to request and receive information, including a
resale certificate, from the property owners' association. 

PURPOSE

As proposed, C.S.S.B. 434 establishes requirements for the disclosure of
certain information by a property owners' association, and provisions  for
failure to comply. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 11, Property Code, by adding Chapter 207, as
follows: 

CHAPTER 207. DISCLOSURE OF INFORMATION BY PROPERTY OWNERS' ASSOCIATIONS

Sec. 207.001. DEFINITIONS.  Defines "restrictions," "dedicatory
instrument," "property owners' association," "restrictive covenant,"
"owner," "regular assessment," "special assessment," "resale certificate,"
and "subdivision." 

Sec. 207.002. APPLICABILITY.  Provides that this chapter is applicable to
subdivisions whose property owners' association is entitled to levy regular
or special assessments. 

Sec. 207.003. DELIVERY OF SUBDIVISION INFORMATION TO OWNER.  Requires the
property owners' association (POA) to furnish an owner, owner's agent, or
title insurance company or its agent acting on behalf of the owner (owner),
current copies of restrictions applying to the subdivision, bylaws and
rules of the association, and a resale certificate, within 10 days after
receiving a written request from an owner.  Requires a resale certificate
to contain certain information.  Authorizes a POA to charge a fee to
assemble, copy, and deliver information required by this section, and a fee
to prepare and deliver an update of a resale certificate.  Requires the POA
to deliver information required by Subsection (a) to the person specified
in the written request.  Provides that a request that does not specify to
whom and where the request information is to be sent, is ineffective.
Authorizes the POA to deliver the information by mail, hand-delivery, or
alternative delivery means specified in the request. Provides that neither
a POA or its agent is required to inspect a property before issuing a
resale certificate or an update to a resale certificate. 

Sec. 207.004. OWNER'S REMEDIES FOR FAILURE BY PROPERTY OWNERS' ASSOCIATION
TO TIMELY DELIVER INFORMATION.  Authorizes an owner to submit a second
request for information if a POA does not timely deliver requested
information. Authorizes an owner to seek certain court orders or judgments
and provide a buyer under contract to purchase the owner's property an
affidavit that states the owner made two written  requests for certain
information and that the POA did not timely respond, if the POA fails to
deliver the requested information before the seventh day after the second
request was mailed by certified mail, return receipt requested, or
hand-delivered, evidenced by receipt.  Provides that a buyer, lender, or
title insurance company or its agent is not liable to the POA for certain
monies and debts due to the POA, if the owner provides the buyer under
contract to purchase the owner's property an affidavit in accordance with
Subsection (b)(2).   

Sec. 207.005. EFFECT OF RESALE CERTIFICATION; LIABILITY.  Prohibits a POA
from denying the validity of any statement in a resale certificate.
Requires a POA's lien to secure undisclosed amounts due to terminate the
date the resale certificate is prepared.  Provides that certain persons or
entities are not liable for any debt or claim existing on the preparation
date of the resale certificate that is not disclosed in the resale
certificate.  Provides that a resale certificate does not affect the right
of the POA to recover debts or claims that arise after the date the resale
certificate is prepared, or a lien on a property securing payment of future
assessments held by the POA.  Provides that an owner's agent and title
company and its agent are not liable to a buyer for any delay in the POA's
delivery of information required by Section 207.003. Provides that the POA
is not liable to an owner selling property for untimely delivery of
information required by Section 207.003, except as provided by Section
207.004.  Provides that an officer or agent of the POA is not liable for
untimely furnishment of a certificate. 

SECTION 2. Effective date: September 1, 1999.

SECTION 3. Emergency clause.



SUMMARY OF COMMITTEE CHANGES

SECTION 1. 

Amends Section 207.001, Property Code, to redefine "owner" and
"subdivision." 

Amends Section 207.002, Property Code, to delete text regarding restrictive
covenants. 

Amends Section 207.003, Property Code, to require a POA to deliver certain
information to an owner's agent, or title insurance company or its agent
acting on behalf of the owner.  Requires a resale certificate to include
certain information.  Authorizes a POA to charge a fee relating to the
issuance of a resale certificate.  Sets forth guidelines for the delivery
of a resale certificate. Deletes provision regarding the POA current
operating budget.   

Amends Section 207.004, Property Code, to set forth procedures for an owner
to timely receive certain information from a POA.  Sets forth liability
requirements involved in the issuance of an affidavit to a buyer under
contract.  Deletes text regarding a resale certificate. 

Amends Section 207.005, Property Code, to set forth requirements for
parties affected by the issuance of a resale certificate.