| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to property owners' association fines. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 209, Property Code, is amended by adding |
|
|
Section 209.0061 to read as follows: |
|
|
Sec. 209.0061. ASSOCIATION POLICY; ASSESSMENT OF FINES. |
|
|
(a) A property owners' association board shall adopt a policy |
|
|
regarding the enforcement of fines assessed by the property owners' |
|
|
association. The policy must disclose: |
|
|
(1) each type of violation for which the board may |
|
|
assess a fine; |
|
|
(2) the amount of the fine for each type of violation; |
|
|
and |
|
|
(3) pertinent information regarding hearings |
|
|
described by Section 209.007. |
|
|
(b) The amount of a fine assessed by the property owners' |
|
|
association must be reasonable in the context of the nature and |
|
|
frequency of the violation and the effect of the violation on the |
|
|
subdivision as a whole. |
|
|
(c) Each property owners' association shall: |
|
|
(1) file a copy of the policy adopted under Subsection |
|
|
(a), and each subsequent amendment, with the county clerk of each |
|
|
county in which the subdivision is located; and |
|
|
(2) provide a copy of the policy to an owner of each |
|
|
property in the subdivision by: |
|
|
(A) posting the policy on an Internet website |
|
|
maintained by the property owners' association; or |
|
|
(B) annually sending a copy of the policy, |
|
|
separately or included in routine communication from the property |
|
|
owners' association to property owners, by: |
|
|
(i) hand-delivery to the owner; |
|
|
(ii) first class mail to the owner's last |
|
|
known mailing address; or |
|
|
(iii) e-mail to an e-mail address provided |
|
|
to the property owners' association by the owner. |
|
|
SECTION 2. Section 209.0061, Property Code, as added by |
|
|
this Act, applies only to a fine that becomes due on or after the |
|
|
effective date of this Act. A fine that becomes due before the |
|
|
effective date of this Act is governed by the law in effect |
|
|
immediately before the effective date of this Act, and that law is |
|
|
continued in effect for that purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2019. |