Bill Text: TX HB1341 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to property owners' associations; imposing a civil penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-02-27 - Referred to Business & Industry [HB1341 Detail]
Download: Texas-2017-HB1341-Introduced.html
85R7290 BEE-D | ||
By: Muñoz, Jr. | H.B. No. 1341 |
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relating to property owners' associations; imposing a civil | ||
penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 209.005, Property Code, is amended by | ||
amending Subsection (e) and adding Subsection (l-1) to read as | ||
follows: | ||
(e) An owner or the owner's authorized representative | ||
described by Subsection (c) must submit a [ |
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access or information under Subsection (c) by [ |
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e-mail, or telephone, providing [ |
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describing the property owners' association's books and records | ||
requested[ |
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an election either to inspect the books and records before | ||
obtaining copies or to have the property owners' association | ||
forward copies of the requested books and records and: | ||
(1) if an inspection is requested, the association, on | ||
or before the 10th business day after the date the association | ||
receives the request, shall send written notice of dates during | ||
normal business hours that the owner may inspect the requested | ||
books and records to the extent those books and records are in the | ||
possession, custody, or control of the association; or | ||
(2) if copies of identified books and records are | ||
requested, the association shall, to the extent those books and | ||
records are in the possession, custody, or control of the | ||
association, produce the requested books and records for the | ||
requesting party on or before the 10th business day after the date | ||
the association receives the request, except as otherwise provided | ||
by this section. | ||
(l-1) Notwithstanding Subsection (k), a property owners' | ||
association must release or allow inspection of any records of | ||
payments made by the association to a managing company of the | ||
subdivision to pay the company's employees to work on behalf of the | ||
association on association property. | ||
SECTION 2. Section 209.0051, Property Code, is amended by | ||
amending Subsection (d) and adding Subsection (f-1) to read as | ||
follows: | ||
(d) The board shall keep a record of each regular or special | ||
board meeting in the form of written minutes of the meeting. The | ||
meeting records must include all communications from members | ||
relating to the meeting, including copies of e-mails, letters, or | ||
faxes submitted to the board for consideration at the meeting. The | ||
board shall make meeting records, including approved minutes, | ||
available to a member for inspection and copying on the member's | ||
written request to the property owners' association's managing | ||
agent at the address appearing on the most recently filed | ||
management certificate or, if there is not a managing agent, to the | ||
board. | ||
(f-1) A member is entitled to speak for at least 30 minutes | ||
at each regular or special board meeting. | ||
SECTION 3. Section 209.014(a), Property Code, is amended to | ||
read as follows: | ||
(a) Notwithstanding any provision in a dedicatory | ||
instrument, a board of a property owners' association shall call an | ||
annual meeting of the members of the association. The board must | ||
send to each member a written notice of the date, hour, and place of | ||
the annual meeting not later than the 10th day before the date of | ||
the meeting. | ||
SECTION 4. Chapter 209, Property Code, is amended by adding | ||
Section 209.017 to read as follows: | ||
Sec. 209.017. CIVIL PENALTY. (a) A property owners' | ||
association that violates a provision of this chapter is liable to | ||
the state for a civil penalty of not more than $25,000. | ||
(b) The attorney general, a district attorney, or a county | ||
attorney may bring an action against the property owners' | ||
association in the district court of a district in which all or part | ||
of the subdivision is located to enforce this chapter and to collect | ||
the penalty under this section. | ||
SECTION 5. Section 209.017, Property Code, as added by this | ||
Act, applies only to a violation that occurs on or after the | ||
effective date of this Act. | ||
SECTION 6. This Act takes effect September 1, 2017. |