By Brown                                               S.B. No. 434
         76R4900 PAM-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the disclosure of certain information by a property
 1-3     owners' association.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Title 11, Property Code, is amended by adding
 1-6     Chapter 207 to read as follows:
 1-7         CHAPTER 207.  DISCLOSURE OF INFORMATION BY PROPERTY OWNERS'
 1-8                                ASSOCIATIONS
 1-9           Sec. 207.001.  DEFINITIONS.  In this chapter:
1-10                 (1)  "Restrictions," "subdivision," and "owner" have
1-11     the meanings assigned by Section 201.003.
1-12                 (2)  "Dedicatory instrument," "property owners'
1-13     association," and "restrictive covenant" have the meanings assigned
1-14     by Section 202.001.
1-15                 (3)  "Regular assessment" and "special assessment" have
1-16     the meanings assigned by Section 204.001.
1-17                 (4)  "Resale certificate" means a written statement
1-18     issued, signed, and dated by an officer or authorized agent of a
1-19     property owners' association that contains the information
1-20     specified by Section 207.003(b).
1-21           Sec. 207.002.  APPLICABILITY.  This chapter applies to a
1-22     subdivision whose property owners' association is entitled to levy
1-23     regular or special assessments that are secured by a continuing
1-24     lien on property in the subdivision.
 2-1           Sec. 207.003.  DELIVERY OF SUBDIVISION INFORMATION TO OWNER.
 2-2     (a)  Not later than the 10th day after the date a written request
 2-3     for subdivision information is received from an owner, the property
 2-4     owners' association shall furnish to the owner:
 2-5                 (1)  a current copy of the restrictive covenants
 2-6     applying to the subdivision;
 2-7                 (2)  a current copy of the bylaws and rules of the
 2-8     property owners' association; and
 2-9                 (3)  a resale certificate that complies with Subsection
2-10     (b).
2-11           (b)  A resale certificate under Subsection (a) must contain
2-12     the current operating budget of the property owners' association
2-13     and must state:
2-14                 (1)  any right of first refusal or other restraint in
2-15     the restrictive covenants that restricts the owner's right to
2-16     transfer the owner's property;
2-17                 (2)  the frequency and amount of any regular
2-18     assessment;
2-19                 (3)  the amount of any unpaid regular or special
2-20     assessment or any other unpaid fees currently due and payable by
2-21     the owner;
2-22                 (4)  any capital expenditures approved by the property
2-23     owners' association for the next 12 months;
2-24                 (5)  the amount of any reserves for capital
2-25     expenditures and any portions of those reserves designated by the
2-26     property owners' association for a specified project;
2-27                 (6)  any unsatisfied judgments against the property
 3-1     owners' association;
 3-2                 (7)  the nature of any pending suits against the
 3-3     property owners' association;
 3-4                 (8)  any insurance coverage provided for the benefit of
 3-5     property owners;
 3-6                 (9)  whether the property owners' association has
 3-7     knowledge that any alterations or improvements to the owner's
 3-8     property violate the restrictive covenants applying to the
 3-9     subdivision or the bylaws or rules of the property owners'
3-10     association;
3-11                 (10)  whether the property owners' association has
3-12     received notice from a governmental authority concerning violations
3-13     of health or building codes with respect to the owner's property or
3-14     any common areas owned by the association;
3-15                 (11)  whether the subdivision is built on leased land;
3-16     and
3-17                 (12)  the name, mailing address, and telephone number
3-18     of the association's managing agent, if any.
3-19           Sec. 207.004.  OWNER'S REMEDIES.  (a)  If a property owners'
3-20     association does not timely furnish information in accordance with
3-21     Section 207.003, the owner may seek:
3-22                 (1)  a court order directing the property owners'
3-23     association to furnish the required information;
3-24                 (2)  a judgment against the property owners'
3-25     association for not more than $1,000;
3-26                 (3)  a judgment against the property owners'
3-27     association for court costs and attorney's fees; or
 4-1                 (4)  a judgment authorizing the owner or the owner's
 4-2     assignee to deduct the amount awarded under Subdivision (2) or (3)
 4-3     from any future regular or special assessments payable to the
 4-4     property owners' association.
 4-5           (b)  The property owners' association is not liable to an
 4-6     owner selling property in the subdivision for delay or failure to
 4-7     furnish a resale certificate, and an officer or agent of the
 4-8     association is not liable for a delay or failure to furnish a
 4-9     certificate.
4-10           (c)  A property owners' association may not deny the validity
4-11     of any statement in the certificate.
4-12           (d)  A resale certificate does not affect:
4-13                 (1)  the right of a property owners' association to
4-14     recover debts or claims that arise or become due after the date the
4-15     resale certificate is prepared; or
4-16                 (2)  a lien on a property securing payment of future
4-17     assessments held by the association.
4-18           (e)  A purchaser, lender, or title insurer who relies on a
4-19     resale certificate is not liable for any debt or claim that is not
4-20     disclosed in the certificate.
4-21           SECTION 2.  This Act takes effect September 1, 1999.
4-22           SECTION 3.  The importance of this legislation and the
4-23     crowded condition of the calendars in both houses create an
4-24     emergency and an imperative public necessity that the
4-25     constitutional rule requiring bills to be read on three several
4-26     days in each house be suspended, and this rule is hereby suspended.