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A BILL TO BE ENTITLED
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AN ACT
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relating to property owners' associations; imposing a civil |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 209.005, Property Code, is amended by |
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amending Subsection (e) and adding Subsection (l-1) to read as |
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follows: |
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(e) An owner or the owner's authorized representative |
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described by Subsection (c) must submit a [written] request for |
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access or information under Subsection (c) by [certified] mail, |
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e-mail, or telephone, providing [with] sufficient detail |
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describing the property owners' association's books and records |
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requested[, to the mailing address of the association or authorized
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representative as reflected on the most current management
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certificate filed under Section 209.004]. The request must contain |
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an election either to inspect the books and records before |
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obtaining copies or to have the property owners' association |
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forward copies of the requested books and records and: |
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(1) if an inspection is requested, the association, on |
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or before the 10th business day after the date the association |
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receives the request, shall send written notice of dates during |
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normal business hours that the owner may inspect the requested |
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books and records to the extent those books and records are in the |
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possession, custody, or control of the association; or |
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(2) if copies of identified books and records are |
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requested, the association shall, to the extent those books and |
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records are in the possession, custody, or control of the |
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association, produce the requested books and records for the |
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requesting party on or before the 10th business day after the date |
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the association receives the request, except as otherwise provided |
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by this section. |
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(l-1) Notwithstanding Subsection (k), a property owners' |
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association must release or allow inspection of any records of |
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payments made by the association to a managing company of the |
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subdivision to pay the company's employees to work on behalf of the |
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association on association property. |
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SECTION 2. Section 209.0051, Property Code, is amended by |
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amending Subsection (d) and adding Subsection (f-1) to read as |
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follows: |
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(d) The board shall keep a record of each regular or special |
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board meeting in the form of written minutes of the meeting. The |
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meeting records must include all communications from members |
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relating to the meeting, including copies of e-mails, letters, or |
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faxes submitted to the board for consideration at the meeting. The |
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board shall make meeting records, including approved minutes, |
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available to a member for inspection and copying on the member's |
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written request to the property owners' association's managing |
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agent at the address appearing on the most recently filed |
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management certificate or, if there is not a managing agent, to the |
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board. |
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(f-1) A member is entitled to speak for at least 30 minutes |
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at each regular or special board meeting. |
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SECTION 3. Section 209.014(a), Property Code, is amended to |
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read as follows: |
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(a) Notwithstanding any provision in a dedicatory |
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instrument, a board of a property owners' association shall call an |
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annual meeting of the members of the association. The board must |
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send to each member a written notice of the date, hour, and place of |
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the annual meeting not later than the 10th day before the date of |
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the meeting. |
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SECTION 4. Chapter 209, Property Code, is amended by adding |
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Section 209.017 to read as follows: |
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Sec. 209.017. CIVIL PENALTY. (a) A property owners' |
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association that violates a provision of this chapter is liable to |
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the state for a civil penalty of not more than $25,000. |
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(b) The attorney general, a district attorney, or a county |
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attorney may bring an action against the property owners' |
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association in the district court of a district in which all or part |
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of the subdivision is located to enforce this chapter and to collect |
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the penalty under this section. |
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SECTION 5. Section 209.017, Property Code, as added by this |
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Act, applies only to a violation that occurs on or after the |
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effective date of this Act. |
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SECTION 6. This Act takes effect September 1, 2017. |