|
|
|
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; FINES. (a) This |
|
section does not apply to a property owners' association that is not |
|
authorized by the association's dedicatory instrument to levy a |
|
fine. |
|
(b) A property owners' association board shall adopt an |
|
enforcement policy regarding the levying of fines by the property |
|
owners' association. The policy must include: |
|
(1) general categories of restrictive covenants for |
|
which the association may assess fines; |
|
(2) a schedule of fines for each category of |
|
violation; and |
|
(3) information regarding hearings described by |
|
Section 209.007. |
|
(c) The enforcement policy adopted pursuant to Subsection |
|
(b) may reserve the board's authority to levy a fine from the |
|
schedule of fines that varies on a case-by-case basis. |
|
(d) Each property owners' association shall: |
|
(1) 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 an agent acting |
|
on behalf of the association and accessible to members of the |
|
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; and |
|
(2) make the policy available on any publicly |
|
accessible Internet website maintained by the property owners' |
|
association or an agent acting on behalf of the association. |
|
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 January 1, 2024. |