78R2646 KCR-D
By: West H.B. No. 3079
A BILL TO BE ENTITLED
AN ACT
relating to the management of certain condominiums.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 81.204(a), Property Code, is amended to
read as follows:
(a) An apartment owner in a condominium regime is
responsible for the apartment owner's pro rata share of:
(1) the expenses to administer the condominium regime
and to maintain and repair the general common elements;
(2) in proper cases, the expenses to administer the
limited common elements of the buildings in the condominium regime;
and
(3) other expenses approved by the council of owners
and necessary for the maintenance or improvement of the structural
or physical integrity of the condominium regime.
SECTION 2. Section 81.209, Property Code, is amended by
adding Subsection (d) to read as follows:
(d) An apartment owner who has been denied access to records
required to be made available under this section may sue the
administrator, board of administration, or other person appointed
by the bylaws to maintain the condominium regime's records. A court
that finds that an apartment owner has been denied access to records
shall:
(1) impose a civil penalty in an amount equal to or
less than $500, payable to the apartment owner; and
(2) order access to the requested records at a
specific time and place.
SECTION 3. Section 82.102, Property Code, is amended by
amending Subsection (a) and adding Subsection (f) to read as
follows:
(a) Except as [Unless otherwise] provided by the
declaration or by Subsection (f), the association, acting through
its board, may:
(1) adopt and amend bylaws;
(2) adopt and amend budgets for revenues,
expenditures, and reserves, and collect assessments for common
expenses from unit owners;
(3) hire and terminate managing agents and other
employees, agents, and independent contractors;
(4) institute, defend, intervene in, settle, or
compromise litigation or administrative proceedings in its own name
on behalf of itself or two or more unit owners on matters affecting
the condominium;
(5) make contracts and incur liabilities relating to
the operation of the condominium;
(6) regulate the use, maintenance, repair,
replacement, modification, and appearance of the condominium;
(7) adopt and amend rules regulating the use,
occupancy, leasing or sale, maintenance, repair, modification, and
appearance of units and common elements, to the extent the
regulated actions affect common elements or other units;
(8) cause additional improvements to be made as a part
of the common elements;
(9) acquire, hold, encumber, and convey in its own
name any right, title, or interest to real or personal property,
except common elements of the condominium;
(10) grant easements, leases, licenses, and
concessions through or over the common elements;
(11) impose and receive payments, fees, or charges for
the use, rental, or operation of the common elements and for
services provided to unit owners;
(12) impose interest and late charges for late
payments of assessments, returned check charges, and, if notice and
an opportunity to be heard are given, reasonable fines for
violations of the declaration, bylaws, and rules of the
association;
(13) adopt and amend rules regulating the collection
of delinquent assessments and the application of payments;
(14) adopt and amend rules regulating the termination
of utility service to a unit, the owner of which is delinquent in
the payment of an assessment that is used, in whole or in part, to
pay the cost of that utility;
(15) impose reasonable charges for preparing,
recording, or copying declaration amendments, resale certificates,
or statements of unpaid assessments;
(16) enter a unit for bona fide emergency purposes
when conditions present an imminent risk of harm or damage to the
common elements, another unit, or the occupants;
(17) assign its right to future income, including the
right to receive common expense assessments, but only to the extent
the declaration so provides;
(18) suspend the voting privileges of or the use of
certain general common elements by an owner delinquent for more
than 30 days in the payment of assessments;
(19) purchase insurance and fidelity bonds it
considers appropriate or necessary;
(20) exercise any other powers conferred by the
declaration or bylaws;
(21) exercise any other powers that may be exercised
in this state by a corporation of the same type as the association;
and
(22) exercise any other powers necessary and proper
for the government and operation of the association.
(f) An association may impose on a unit owner only
assessments or charges necessary for the administration of the
condominium or for the maintenance or improvement of the structural
or physical integrity of the condominium and its common elements.
SECTION 4. Section 82.114, Property Code, is amended by
adding Subsection (g) to read as follows:
(g) A unit owner who has been denied access to records
required to be made available under this section may sue the
association. A court that finds that a unit owner has been denied
access to records shall:
(1) impose a civil penalty in an amount equal to or
less than $500, payable to the unit owner; and
(2) order access to the requested records at a
specific time and place.
SECTION 5. This Act takes effect January 1, 2004.