| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to notice requirements in certain enforcement actions |
|
|
initiated by property owners' associations. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 209.006, Property Code, is amended by |
|
|
amending Subsection (b) and adding Subsections (c) and (d) to read |
|
|
as follows: |
|
|
(b) The notice must: |
|
|
(1) describe the violation or property damage that is |
|
|
the basis for the suspension action, charge, or fine and state any |
|
|
amount due the association from the owner; [and] |
|
|
(2) inform the owner that the owner: |
|
|
(A) is entitled to a reasonable period to cure |
|
|
the violation and avoid the fine or suspension unless the owner was |
|
|
given notice and a reasonable opportunity to cure a similar |
|
|
violation within the preceding six months; and |
|
|
(B) may request a hearing under Section 209.007 |
|
|
on or before the 30th day after the date notice was delivered to the |
|
|
owner; and |
|
|
(3) specify a date certain by which the owner must cure |
|
|
the violation [receives the notice]; |
|
|
(4) if a fine is sought to be levied, specify the |
|
|
dollar amount of any fine the association seeks to levy, and specify |
|
|
the section(s) of the dedicatory instrument of which the owner is in |
|
|
violation |
|
|
(5) Notice shall be sent by certified mail with a |
|
|
return receipt requested, or delivered by the United States Postal |
|
|
Service with signature confirmation service to the owner at the |
|
|
owner's last known address as shown on the association's records. |
|
|
(c) The date specified in the notice under Subsection (b)(3) |
|
|
must provide a reasonable period of at least 30 days for the owner |
|
|
to cure the violation. |
|
|
(d) If the property owner does not cure the violation within |
|
|
30 days the property owners association may issue the fine upon |
|
|
which they shall provide notice to the owner of the fine. If the |
|
|
property owner disputes the violation, the homeowner may challenge |
|
|
the fine by providing written notice to the property owners |
|
|
association of the challenge with the grounds for why they believe |
|
|
they are not in violation and citations of the dedicatory |
|
|
instrument for each violation alleged. If the property owner cures |
|
|
the violation before the expiration for the 30 days, the fine |
|
|
assessed is void. |
|
|
(e) If the property owner contests the violation within 30 |
|
|
days of receiving the notice of the fine but does not cure the |
|
|
violation within that same 30 day period, the property owners' |
|
|
association must file suit listing each violation with citation of |
|
|
the dedicatory instrument for each violation in a justice of the |
|
|
peace court within 60 days after the 30 day cure period to uphold |
|
|
and enforce the fine. |
|
|
(f) The justice of the peace shall hold an evidentiary |
|
|
hearing on the matter within 30 days. The parties are entitled to |
|
|
any discovery. |
|
|
(g) At the hearing, the property owners' association has the |
|
|
burden of proof by a preponderance of the evidence that the property |
|
|
owner has violated a restrictive covenant. |
|
|
(h) The court shall determine if a violation has occurred |
|
|
and if so, whether the fine for the violation is reasonable |
|
|
considering the type, duration and severity of the violation. |
|
|
(i) If the court finds the position taken by either party is |
|
|
groundless or made in bad faith, the court may award the prevailing |
|
|
party its attorneys' fees. |
|
|
SECTION 2. This Act is effective January 1, 2010. |