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A BILL TO BE ENTITLED
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AN ACT
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relating to a violation of the Texas Residential Property Owners |
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Protection Act or a dedicatory instrument by a board member of a |
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property owners' association. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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. BOARD MEMBER VIOLATION OF CHAPTER OR |
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DEDICATORY INSTRUMENT. (a) If a board member violates this chapter |
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or a dedicatory instrument of the property owners' association |
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while acting in the board member's official capacity, a member of |
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the association may file a petition against the association with |
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the justice of the peace of a justice precinct in which all or part |
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of the property that is governed by the association is located |
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requesting relief under this section. |
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(b) If the justice of the peace finds that the board member |
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violated this chapter or the dedicatory instrument while acting |
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individually or with other board members, the justice of the peace |
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may grant one or more of the following remedies: |
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(1) a judgment ordering the property owners' |
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association to immediately remove the board member from the board; |
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(2) a judgment against the property owners' |
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association for damages incurred by the association member |
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resulting from the violation; or |
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(3) a judgment authorizing the association member to |
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deduct the amounts awarded to the member under Subdivision (2) or |
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Subsection (c) from any future regular or special assessments |
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payable to the property owners' association. |
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(c) The prevailing party in an action under this section is |
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entitled to a judgment for court costs and reasonable attorney's |
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fees incurred by the party in connection with the action. |
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(d) On or before the 10th business day before the date a |
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person brings an action against a property owners' association |
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under this section, the person must send written notice to the |
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association of the person's intent to bring the action. The notice |
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must: |
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(1) be sent certified mail, 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 mailing address of the association or |
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authorized representative as reflected on the most current |
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management certificate filed under Section 209.004; and |
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(2) describe the alleged violation with sufficient |
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detail. |
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(e) For the purposes of this section, "business day" means a |
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day other than Saturday, Sunday, or a state or federal holiday. |
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SECTION 2. 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. A violation that occurs before the |
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effective date of this Act is governed by the law as it existed |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. For purposes of this section, |
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a violation occurred before the effective date of this Act if any |
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element of the violation occurred before that date. |
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SECTION 3. This Act takes effect September l, 2021. |