Bill Text: TX HB2912 | 2021-2022 | 87th Legislature | Engrossed
Bill Title: Relating to a violation of the Texas Residential Property Owners Protection Act or a dedicatory instrument by a board member of a property owners' association and to the recall of a board member.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Engrossed - Dead) 2021-05-13 - Referred to Business & Commerce [HB2912 Detail]
Download: Texas-2021-HB2912-Engrossed.html
By: Vasut, Jetton, White, et al. | H.B. No. 2912 |
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relating to a violation of the Texas Residential Property Owners | ||
Protection Act or a dedicatory instrument by a board member of a | ||
property owners' association and to the recall of a board member. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 209, Property Code, is amended by adding | ||
Section 209.017 to read as follows: | ||
Sec. 209.017. BOARD MEMBER VIOLATION OF CHAPTER OR | ||
DEDICATORY INSTRUMENT. (a) An owner may bring an action against a | ||
property owners' association for a violation of this chapter or a | ||
provision of the association's dedicatory instruments by a board | ||
member acting in the board member's official capacity. The owner | ||
may file a petition against the association with the justice of the | ||
peace of a justice precinct in which all or part of the property | ||
that is governed by the association is located requesting relief | ||
under this section. | ||
(b) If the justice of the peace finds that the board member | ||
violated this chapter or a dedicatory instrument while acting | ||
individually or with other board members, the justice of the peace | ||
may grant one or more of the following remedies: | ||
(1) a judgment ordering the property owners' | ||
association to immediately remove the board member from the board; | ||
(2) a judgment against the property owners' | ||
association for damages incurred by the owner resulting from the | ||
violation; or | ||
(3) a judgment authorizing the owner to deduct the | ||
amounts awarded to the owner under Subdivision (2) or Subsection | ||
(c) from any future regular or special assessments payable to the | ||
property owners' association. | ||
(c) The prevailing party in an action under this section is | ||
entitled to a judgment for court costs and reasonable attorney's | ||
fees incurred by the party in connection with the action. | ||
(d) On or before the 10th business day before the date an | ||
owner brings an action against a property owners' association under | ||
this section, the owner must send written notice to the association | ||
of the owner's intent to bring the action. The notice must: | ||
(1) be sent certified mail, return receipt requested, | ||
or delivered by the United States Postal Service with signature | ||
confirmation service to the mailing address of the association or | ||
authorized representative as reflected on the most current | ||
management certificate filed under Section 209.004; and | ||
(2) describe with sufficient detail the alleged | ||
violation. | ||
(e) For the purposes of this section, "business day" means a | ||
day other than Saturday, Sunday, or a state or federal holiday. | ||
SECTION 2. Chapter 209, Property Code, is amended by adding | ||
Section 209.00595 to read as follows: | ||
Sec. 209.00595. RECALL OF BOARD MEMBERS. (a) Members of a | ||
property owners' association may require a meeting of the property | ||
owners' association for purposes of recalling a director pursuant | ||
to Section 22.155(3), Business Organizations Code. | ||
(b) At a special meeting called pursuant to Subsection (a), | ||
a director of a property owners' association may be recalled and | ||
removed from office under any procedure provided for by Section | ||
22.211, Business Organizations Code. | ||
SECTION 3. 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. A violation that occurs before the | ||
effective date of this Act is governed by the law as it existed | ||
immediately before the effective date of this Act, and that law is | ||
continued in effect for that purpose. For purposes of this section, | ||
a violation occurred before the effective date of this Act if any | ||
element of the violation occurred before that date. | ||
SECTION 4. Section 209.00595, Property Code, as added by | ||
this Act, applies only to an action brought on or after the | ||
effective date of this Act. An action brought before the effective | ||
date of this Act is governed by the law in effect at that time. | ||
SECTION 5. This Act takes effect September l, 2021. |