SHORT TITLE. (a) A property owners' association shall record in each county in which any portion of the residential subdivision is located a management certificate, signed and acknowledged by an officer or the managing agent of the association, stating: (3) the recording data for the subdivision; (4) the recording data for the declaration and any amendments to the declaration; (5) the name and mailing address of the association; (6) the name, mailing address, telephone number, and e-mail address of the person managing the association or the association's designated representative; (7) the website address of any Internet website on which the association's dedicatory instruments are available in accordance with Section 207.006; (8) the amount and description of a fee or fees charged by the association relating to a property transfer in the subdivision; and. 209.004. Practices and Trades Related to Water, Health, and Safety. (c) A person who purchases property at a sale foreclosing a property owners' association's assessment lien may not transfer ownership of the property to a person other than a redeeming lot owner during the redemption period. (c) Following receipt of payment under Subsection (b-2), the property owners' association shall, at the expense of the owner requesting the recount, retain for the purpose of performing the recount the services of a person qualified to tabulate votes under this subsection. Added by Acts 2011, 82nd Leg., R.S., Ch. 2, eff. Acts 2015, 84th Leg., R.S., Ch. The request must contain 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. PROPERTYCODE TITLE8.LANDLORDANDTENANT CHAPTER93.COMMERCIALTENANCIES Sec.A93.001.AAAPPLICABILITY OF CHAPTER. 324 (S.B. (4) by any method of representative or delegated voting provided by a dedicatory instrument. September 1, 2021. September 1, 2021. In 1977, the TAC was created by the Texas Legislature under the Administrative Code Act (Government Code, 2002.051-2002.056). Sec. 951 (S.B. Acts 2007, 80th Leg., R.S., Ch. (c) A property owners' association is not required to allow a payment plan for any amount that extends more than 18 months from the date of the owner's request for a payment plan. 249 (S.B. (h) The property owners' association or the owner may make an audio recording of the meeting. (k) Property that is redeemed remains subject to all liens and encumbrances on the property before foreclosure. 19, eff. September 1, 2013. 1168), Sec. (b) A property owners' association may not hold an owner liable for fees of a collection agent retained by the association unless the association first provides written notice to the owner by certified mail that: (1) specifies each delinquent amount and the total amount of the payment required to make the account current; (2) if the association is subject to Section 209.0062 or the association's dedicatory instruments contain a requirement to offer a payment plan, describes the options the owner has to avoid having the account turned over to a collection agent, including information regarding availability of a payment plan through the association; and. Read the code on FindLaw 1168), Sec. 1588), Sec. Acts 2015, 84th Leg., R.S., Ch. (d) This section does not apply to the appointment of a board member during a development period. RESTRICTIVE COVENANTS GRANTING EASEMENTS TO CERTAIN PROPERTY OWNERS' ASSOCIATIONS. (d) A property owners' association authorized to use the procedure described by Subsection (a) may in its discretion elect not to use that procedure and instead foreclose the association's assessment lien under court judgment foreclosing the lien and ordering the sale, pursuant to Rules 309 and 646a, Texas Rules of Civil Procedure. Legal Citation - Legal Writing - Guides at Texas State Law Library (g) The board or the owner may request a postponement. 10, eff. September 1, 2015. 1026 (H.B. (b) This section does not apply to a property owners' association that is subject to Chapter 552, Government Code, by application of Section 552.0036, Government Code. PDF PROPERTY CODE CHAPTER 93. COMMERCIAL TENANCIES - Texas Constitution and 1176 (H.B. Acts 2021, 87th Leg., R.S., Ch. September 1, 2021. September 1, 2021. (c) All attorney's fees, costs, and other amounts collected from an owner shall be deposited into an account maintained at a financial institution in the name of the association or its managing agent. Welcome to the Texas Administrative Code - Texas Secretary of State 1168), Sec. The association may require advance payment of the estimated costs of compilation, production, and reproduction of the requested information. 1183 (S.B. 1183 (S.B. September 1, 2021. Basic Legal Citation - LII / Legal Information Institute 1282 (H.B. Added by Acts 2007, 80th Leg., R.S., Ch. 864), Sec. The association must take measures to reasonably ensure that: (1) a member cannot cast more votes than the member is eligible to cast in an election or vote; and. This chapter may be cited as the Texas Residential Property Owners Protection Act. 209.014. (B) a right to direct the size, shape, and composition of the subdivision. A property owners' association may not foreclose a property owners' association's assessment lien if the debt securing the lien consists solely of: (2) attorney's fees incurred by the association solely associated with fines assessed by the association; or. (c-1) Except for a meeting held by electronic or telephonic means under Subsection (c-2), a board meeting must be held in a county in which all or part of the property in the subdivision is located or in a county adjacent to that county. In addition, Texas Property Code - PROP | FindLaw Join thousands of people who receive monthly site updates. Added by Acts 2007, 80th Leg., R.S., Ch. For Texas statutes, cite to subject matter codes, or to Vernon's AnnotatedRevised Civil Statutes of the State of Texas or an independent code, or a supplement, if found there. RECOUNT OF VOTES. Sec. we provide special support If the justice of the peace finds that the member is entitled to access to or copies of the records, the justice of the peace may grant one or more of the following remedies: (1) a judgment ordering the property owners' association to release or allow access to the books or records; (2) a judgment against the property owners' association for court costs and attorney's fees incurred in connection with seeking a remedy under this section; or. Code of Ordinances / Maps | Texas City, TX subchapter e. law enforcement. The rules adopted under this subsection must be substantially similar to the rules adopted by the supreme court under Section 50(r), Article XVI, Texas Constitution. (a) Notwithstanding any other provision of this chapter or any other law, a person who is a candidate in a property owners' association election or who is otherwise the subject of an association vote, or a person related to that person within the third degree by consanguinity or affinity, as determined under Chapter 573, Government Code, may not tabulate or otherwise be given access to the ballots cast in that election or vote except as provided by this section. 2019 Texas Statutes Family Code Title 1 - The Marriage Relationship Subtitle B - Property Rights and Liabilities Chapter 3 - Marital Property Rights and Liabilities Subchapter D. Management, Control, and Disposition of Marital Property Under Unusual Circumstances Section 3.305. (c) An owner must obtain the approval of the property owners' association or, if applicable, an architectural review authority, as defined by Section 209.00505(a), established by the association or the association's dedicatory instruments, based on criteria prescribed by the dedicatory instruments specific to the use of a lot for residential purposes, including reasonable restrictions regarding size, location, shielding, and aesthetics of the residential purpose, before the owner begins the construction, placement, or erection of a building, structure, or other improvement for the residential purpose on an adjacent lot. September 1, 2015. 9, eff. September 1, 2017. 951 (S.B. The deadline may not be earlier than the 10th day after the date the association provides the notice required by this subsection. to aide readability. (4) an ongoing noise violation such as a barking dog. September 1, 2013. Added by Acts 2021, 87th Leg., R.S., Ch. 1588), Sec. (a) A property owners' association may not file an application for an expedited court order authorizing foreclosure of the association's assessment lien as described by Section 209.0092(a) or a petition for judicial foreclosure of the association's assessment lien as described by Section 209.0092(d) unless the association has: (1) provided written notice of the total amount of the delinquency giving rise to the foreclosure to any other holder of a lien of record on the property whose lien is inferior or subordinate to the association's lien and is evidenced by a deed of trust; and. Citation by Publication Universal Citation: TX Fam Code 3.305 (2019) ELECTION OF BOARD MEMBERS. 1, eff. September 1, 2015. an attorney in good standing. (b) Repealed by Acts 2021, 87th Leg., R.S., Ch. The association is not required to allow an owner to enter into a payment plan more than once in any 12-month period. 209.0092. A property owners' association may use the procedure described by this subsection to foreclose any lien described by the association's dedicatory instruments. 1183 , Sec. September 1, 2015. These databases are complex and can be intimidating, but knowing a few tips will allow you to locate cases relevant to your research in no time at all. 209.015. 1168), Sec. (d) A property owners' association may adopt rules to allow voting by secret ballot by association members.
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