By Solomons                                           H.B. No. 2224
         76R6815 PAM-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to requiring disclosure notices for the sale of real
 1-3     property governed by a property owners' association and requiring
 1-4     the filing of dedicatory instruments governing property owners'
 1-5     associations.
 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-7           SECTION 1.  Subchapter A, Chapter 5, Property Code, is
 1-8     amended by adding Section 5.012 to read as follows:
 1-9           Sec. 5.012.  NOTICE OF OBLIGATIONS RELATED TO MEMBERSHIP IN
1-10     PROPERTY OWNERS' ASSOCIATION.  (a)  A seller of residential real
1-11     property that is subject to membership in a property owners'
1-12     association and that comprises not more than one dwelling unit
1-13     located in this state shall give to the purchaser of the property
1-14     before the transfer of the property a written notice as prescribed
1-15     by this section.
1-16           (b)  The notice must be conspicuous and printed in 14-point
1-17     bold-faced type and read substantially similar to the following:
1-18            NOTICE OF MEMBERSHIP IN PROPERTY OWNERS' ASSOCIATION
1-19                 CONCERNING THE PROPERTY AT (street address)
1-20                       (name of residential community)
1-21           As a purchaser of property in this residential community, you
1-22     are obligated to be a member of (name of property owners'
1-23     association).
1-24           Restrictive covenants governing the use and occupancy of
 2-1     property located in this residential community and a dedicatory
 2-2     instrument governing the establishment, maintenance, and operation
 2-3     of this residential community have been or will be recorded in the
 2-4     Real Property Records of (name of county).  Copies of the
 2-5     restrictive covenants and dedicatory instrument may be obtained
 2-6     from the county clerk.
 2-7           You are obligated to pay assessments to the property owners'
 2-8     association.  The amount of the assessments is subject to change.
 2-9     Your failure to pay the assessments could result in a lien on and
2-10     the foreclosure of your property.
2-11           THE STATEMENTS CONTAINED IN THIS NOTICE ARE SUMMARY IN
2-12     NATURE.  AS A PROSPECTIVE PURCHASER, YOU SHOULD REFER TO THE
2-13     RESTRICTIVE COVENANTS AND THE DEDICATORY INSTRUMENT FOR FURTHER
2-14     DETAIL.
2-15           I UNDERSTAND MY OBLIGATIONS RELATING TO MEMBERSHIP IN THE
2-16     PROPERTY OWNERS' ASSOCIATION AS STATED ABOVE.
2-17     Date:__________       _____________________________________________
2-18                           Signature of Purchaser
2-19                           Print Name:__________________________________
2-20                           Property Address:____________________________
2-21           (c)  The seller's failure to provide the notice required by
2-22     this section entitles the purchaser to cancel and rescind the
2-23     purchase contract and receive a full refund of any purchase payment
2-24     made to the seller.
2-25           SECTION 2.  Chapter 202, Property Code, is amended by adding
2-26     Section 202.006 to read as follows:
2-27           Sec. 202.006.  PUBLIC RECORDS.  (a)  Each county clerk shall
 3-1     maintain suitable records called "Property Owners' Association
 3-2     Records" in which the clerk shall record dedicatory instruments
 3-3     governing property owners' associations.
 3-4           (b)  A property owners' association shall file the dedicatory
 3-5     instrument in the real property records of each county in which the
 3-6     property to which the dedicatory instrument relates is located.
 3-7           SECTION 3.  (a)  Except as provided by Subsection (b) of this
 3-8     section, this Act takes effect September 1, 1999.
 3-9           (b)  Section 5.012, Property Code, as added by this Act,
3-10     takes effect January 1, 2000, and applies only to a real property
3-11     transaction described by that section in which the transfer of the
3-12     property occurs on or after January 1, 2000.
3-13           SECTION 4.  (a)  On or before December 1, 1999, the county
3-14     clerk of each county shall establish the "Property Owners'
3-15     Association Records" for the county as prescribed by Section
3-16     202.006, Property Code, as added by this Act.
3-17           (b)  Not later than January 1, 2000, each property owners'
3-18     association shall present for recording with the county clerk as
3-19     prescribed by Section 202.006, Property Code, as added by this Act,
3-20     each dedicatory instrument governing the association that has not
3-21     been previously recorded in the real property records of the
3-22     county.
3-23           SECTION 5.  The importance of this legislation and the
3-24     crowded condition of the calendars in both houses create an
3-25     emergency and an imperative public necessity that the
3-26     constitutional rule requiring bills to be read on three several
3-27     days in each house be suspended, and this rule is hereby suspended.