Bill Text: TX HB614 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to property owners' association fines.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2023-06-12 - Effective on 1/1/24 [HB614 Detail]
Download: Texas-2023-HB614-Enrolled.html
| H.B. No. 614 | ||
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| 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. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 614 was passed by the House on May 9, | ||
| 2023, by the following vote: Yeas 138, Nays 1, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 614 was passed by the Senate on May | ||
| 23, 2023, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
