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A BILL TO BE ENTITLED
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AN ACT
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relating to notice requirements in certain enforcement actions |
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initiated by property owners' associations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 209.006, Property Code, is amended by |
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amending Subsection (b) and adding Subsections (c) and (d) to read |
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as follows: |
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(b) The notice must: |
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(1) describe the violation or property damage that is |
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the basis for the suspension action, charge, or fine and state any |
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amount due the association from the owner; [and] |
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(2) inform the owner that the owner: |
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(A) is entitled to a reasonable period to cure |
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the violation and avoid the fine or suspension unless the owner was |
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given notice and a reasonable opportunity to cure a similar |
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violation within the preceding six months; and |
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(B) may request a hearing under Section 209.007 |
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on or before the 30th day after the date notice was delivered to the |
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owner; and |
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(3) specify a date certain by which the owner must cure |
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the violation [receives the notice]. |
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(c) Notice under Subsection (b) must be personally |
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delivered, sent by certified mail with a return receipt requested, |
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or delivered by the United States Postal Service with signature |
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confirmation service to the owner at the owner's last known address |
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as shown on the association's records. |
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(d) The date specified in the notice under Subsection (b)(3) |
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must provide a reasonable period for the owner to cure the |
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violation. |
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SECTION 2. This Act takes effect January 1, 2010. |