Bill Text: TX HB3857 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to requirements to file a property owners' association assessment lien.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-04-06 - Left pending in committee [HB3857 Detail]
Download: Texas-2021-HB3857-Introduced.html
87R10087 MWC-D | ||
By: Shaheen | H.B. No. 3857 |
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relating to requirements to file a property owners' association | ||
assessment lien. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 209.0094, Property Code, is amended to | ||
read as follows: | ||
Sec. 209.0094. ASSESSMENT LIEN FILING. (a) In this section, | ||
"assessment lien" means a [ |
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instrument evidencing the nonpayment of assessments or other | ||
charges owed to a property owners' association. | ||
(b) An assessment lien [ |
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records of a county is a legal instrument affecting title to real | ||
property. | ||
(c) Before a property owners' association files an | ||
assessment lien, the association must provide three separate | ||
monthly notices of delinquency by certified mail, return receipt | ||
requested, to the property owner's last known mailing address, as | ||
reflected in the records maintained by the association. | ||
(d) A property owners' association may not file an | ||
assessment lien before the 180th day after the date the third notice | ||
of delinquency was sent to the property owner as required by | ||
Subsection (c). | ||
SECTION 2. Section 209.0094, Property Code, as amended by | ||
this Act, applies only to an assessment that becomes delinquent on | ||
or after the effective date of this Act. An assessment that becomes | ||
delinquent 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 September 1, 2021. |