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AN ACT
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relating to property owners' association fines. |
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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 209.0061 to read as follows: |
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Sec. 209.0061. ASSOCIATION POLICY; FINES. (a) This |
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section does not apply to a property owners' association that is not |
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authorized by the association's dedicatory instrument to levy a |
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fine. |
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(b) A property owners' association board shall adopt an |
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enforcement policy regarding the levying of fines by the property |
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owners' association. The policy must include: |
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(1) general categories of restrictive covenants for |
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which the association may assess fines; |
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(2) a schedule of fines for each category of |
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violation; and |
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(3) information regarding hearings described by |
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Section 209.007. |
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(c) The enforcement policy adopted pursuant to Subsection |
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(b) may reserve the board's authority to levy a fine from the |
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schedule of fines that varies on a case-by-case basis. |
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(d) Each property owners' association shall: |
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(1) provide a copy of the policy to an owner of each |
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property in the subdivision by: |
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(A) posting the policy on an Internet website |
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maintained by the property owners' association or an agent acting |
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on behalf of the association and accessible to members of the |
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association; or |
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(B) annually sending a copy of the policy, |
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separately or included in routine communication from the property |
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owners' association to property owners, by: |
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(i) hand delivery to the owner; |
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(ii) first class mail to the owner's last |
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known mailing address; or |
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(iii) e-mail to an e-mail address provided |
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to the property owners' association by the owner; and |
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(2) make the policy available on any publicly |
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accessible Internet website maintained by the property owners' |
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association or an agent acting on behalf of the association. |
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SECTION 2. Section 209.0061, Property Code, as added by |
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this Act, applies only to a fine that becomes due on or after the |
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effective date of this Act. A fine that becomes due before the |
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effective date of this Act is governed by the law in effect |
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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. |
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SECTION 3. This Act takes effect January 1, 2024. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 614 was passed by the House on May 9, |
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2023, by the following vote: Yeas 138, Nays 1, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 614 was passed by the Senate on May |
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23, 2023, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |