HB1349 - Relating to property owners' associations, including condominium unit owners' associations.

  89R726 DRS-F     By: Turner, Patterson, Gerdes, Bhojani, H.B. No. 1349       et al.       A BILL TO BE ENTITLED   AN ACT   relating to property owners' associations, including condominium   unit owners' associations.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 82.003(a), Property Code, is amended by   adding Subdivision (17-a) to read as follows:                 (17-a) "Management company" means a person or entity   established or contracted to provide management or administrative   services on behalf of a unit owners'   association organized under   Section 82.101.          SECTION 2.  Subchapter C, Chapter 82, Property Code, is   amended by adding Section 82.1142 to read as follows:           Sec.   82.1142.     ONLINE ASSOCIATION INFORMATION REQUIRED. (a)     This section only applies to:                 (1)     the association of a condominium composed of at   least 60 units; or                 (2)     an association that has contracted with a   management company.           (b)     An association to which this section applies shall make   the current version of the association's dedicatory instruments   relating to the association and filed in the county deed records   available on an Internet website that is:                 (1)     maintained by the association or a management   company on behalf of the association; and                 (2)  accessible to association members.          SECTION 3.  Section 82.116, Property Code, is amended by   amending Subsections (a), (b), and (c) and adding Subsections (b-1)   and (d) to read as follows:          (a)  An association shall record in each county in which any   portion of the condominium is located a management certificate,   signed and acknowledged by an officer of the association, stating:                (1)  the name of the condominium;                (2)  the name of the association;                (3)  the location of the condominium;                (4)  the recording data for the declaration and any   amendments to the declaration ;                (5)  the mailing address of the association ;                 (6)   [ , or ] the name , [ and ] mailing address , telephone   number, and e-mail address of any management company  [ the person or   entity managing the association ];                 (7)     the website address of any Internet website on   which the association's dedicatory instruments are available in   accordance with Section 82.1142;                 (8)     the amount and description of a fee or fees charged   to a unit seller or buyer relating to a transfer of a property   interest in a unit of the condominium;  and                 (9)  [ (6) ]  other information the association considers   appropriate.          (b)  The association shall record an amended [ a ] management   certificate not later than the 30th day after the date the   association has notice of a change in any information in a recorded   certificate required by Subsection (a) [ Subdivisions (a)(1)-(5) ].           (b-1)     Not later than the seventh day after the date an   association files a management certificate for recording under   Subsection (a) or files an amended management certificate for   recording under Subsection (b), the association shall   electronically file the management certificate or amended   management certificate with the Texas Real Estate Commission.   The   Texas Real Estate Commission shall only collect the management   certificate and amended management certificate for the purpose of   making the data accessible to the public through an Internet   website.            (c)   Except as provided by Subsection (d), the [ The ]   association and its officers, directors, employees, and agents are   not subject to liability to any person for delay or failure to   record a management certificate with a county clerk's office or to   electronically file the management certificate with the Texas Real   Estate Commission , unless the delay or failure is wilful or caused   by gross negligence.           (d)     A unit owner is not liable for attorney's fees incurred   by an association relating to the collection of a delinquent   assessment against the unit owner, or interest on the delinquent   assessment, if the attorney's fees are incurred by the association   or the interest accrues during the period a management certificate   is not recorded with a county clerk or electronically filed with the   Texas Real Estate Commission, as required by this section.          SECTION 4.  Section 82.157, Property Code, is amended by   adding Subsection (f) to read as follows:           (f)     An association may charge a reasonable and necessary   fee, not to exceed $375, to furnish a resale certificate under   Subsection (a).          SECTION 5.  Section 202.023, Property Code, is amended by   amending Subsection (c) and adding Subsections (d) and (e) to read   as follows:          (c)  This section does not prohibit a property owners'   association from:                (1)  prohibiting the installation of a security camera   by a property owner in a place other than the property owner's   private property; [ or ]                (2)  regulating the type of fencing that a property   owner may install ;                 (3)     prohibiting the placement of fencing that   obstructs:                       (A)     a license area, as defined by a written   license agreement or plat;                         (B)     a sidewalk in the public right-of-way or   otherwise installed for public or community use; or                       (C)  a drainage easement or drainage area;                 (4)     requiring a driveway gate to be set back at least   10 feet from the right-of-way if the driveway intersects with a   laned roadway, as defined by Section 541.302, Transportation Code;   or                 (5)     if provided by a restrictive covenant, prohibiting   the installation of fencing in front of the front-most building   line of a dwelling .           (d)     Notwithstanding Subsection (c), a property owner may   maintain any perimeter fencing or fencing in front of a dwelling's   front-most building line installed or constructed before September   1, 2025.           (e)     Notwithstanding Subsection (c)(5), a property owners'   association may not prohibit a property owner from installing   perimeter fencing or fencing in front of the front-most building   line of a dwelling if:                 (1)     the property owner's residential address is exempt   from public disclosure under state or federal law; or                   (2)     the property owner provides to the association   documentation from a law enforcement agency of the property owner's   need for enhanced security measures.          SECTION 6.  Section 209.00505(c), Property Code, is   redesignated as Section 209.00506, Property Code, and amended to   read as follows:           Sec.   209.00506.     ELIGIBILITY TO SERVE ON ARCHITECTURAL   REVIEW AUTHORITY. (a) This section applies only to an   architectural review authority to which Section 209.00505 applies.           (b)     Except as provided by Subsection (d), a person may not   be appointed or elected to serve on an architectural review   authority unless the person timely notifies the property owners'     association of the person's interest in serving on the authority in   accordance with Section 209.00507.          (c)   Except as provided by Subsection (d), a [ A ] person may   not be appointed or elected to serve on an architectural review   authority if the person is:                (1)  a current board member;                (2)  a current board member's spouse; or                (3)  a person residing in a current board member's   household.           (d)     If a vacancy remains on the architectural review   authority after each person eligible under Subsection (c) who   timely notifies the property owners'   association in accordance with   Section 209.00507 is appointed or elected to the authority, the   association may appoint any person to fill the vacancy, including a   person not otherwise eligible under Subsection (c).          SECTION 7.  Chapter 209, Property Code, is amended by adding   Section 209.00507 to read as follows:           Sec.   209.00507.     SOLICITATION OF CANDIDATES FOR   ARCHITECTURAL REVIEW AUTHORITY. (a) This section applies only to   an architectural review authority to which Section 209.00505   applies.           (b)     Not later than the 10th day before the date a property   owners' association or board takes action to elect or appoint or   meets to elect or appoint a person to serve on the architectural   review authority, the association must provide notice to the   association members soliciting persons interested in serving on the   architectural review authority.           (c)  The notice required under Subsection (b) must:                 (1)  be provided:                       (A)  by mail to each owner; or                       (B)  by:                             (i)     posting the notice in a conspicuous   manner reasonably designed to provide notice to property owners'     association members:                                   (a)     in a place located on the   association's common property or, with the property owner's   consent, on other conspicuously located privately owned property   within the subdivision; or                                   (b)     on any Internet website   maintained by the association or other Internet media; and                             (ii)     sending the notice by e-mail to each   owner who has registered an e-mail address with the property   owners'   association; and             & [Text truncated for display. 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