Bill Text: TX HB45 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the release of a property owners' association assessment lien.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2011-02-28 - Left pending in committee [HB45 Detail]
Download: Texas-2011-HB45-Introduced.html
| 82R70 AJA-D | ||
| By: Menendez | H.B. No. 45 | |
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| relating to the release of a property owners' association | ||
| assessment lien. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 12, Property Code, is amended by adding | ||
| Section 12.0171 to read as follows: | ||
| Sec. 12.0171. AFFIDAVIT AS RELEASE OF ASSESSMENT LIEN. (a) | ||
| A property owner whose property is subject to a recorded notice of a | ||
| property owners' assessment lien may, at any time, file an | ||
| affidavit that substantially complies with Subsection (e) in the | ||
| real property records of the county in which the lien notice is | ||
| recorded. | ||
| (b) Subject to Subsection (c) and except as provided by | ||
| Subsection (d), an affidavit filed under Subsection (a) serves as a | ||
| release of record of the property owners' association assessment | ||
| lien referenced in the affidavit. | ||
| (c) A bona fide purchaser or a mortgagee for value or a | ||
| successor or assign of a bona fide purchaser or mortgagee for value | ||
| may rely conclusively on an affidavit filed under Subsection (a) if | ||
| included with the affidavit is evidence that: | ||
| (1) the property owner sent a letter and a copy of the | ||
| affidavit, without attachments and before execution of the | ||
| affidavit, notifying the property owners' association of the | ||
| owner's intent to file the affidavit; and | ||
| (2) 30 or more days before the affidavit was filed, the | ||
| letter and the affidavit were sent to the property owners' | ||
| association by registered or certified mail, return receipt | ||
| requested, to the address provided in the management certificate | ||
| recorded under Section 209.004. | ||
| (d) An affidavit filed under Subsection (a) does not serve | ||
| as a release of record of a property owners' association assessment | ||
| lien if the association files a contradicting affidavit in the real | ||
| property records of the county in which the affidavit is filed | ||
| asserting that: | ||
| (1) the affidavit filed by the owner is untrue; or | ||
| (2) another reason exists as to why the assessment | ||
| lien attaches to the owner's property. | ||
| (e) An affidavit filed under Subsection (a) must be in | ||
| substantially the following form: | ||
| PROPERTY OWNER'S AFFIDAVIT AS RELEASE OF PROPERTY OWNERS' | ||
| ASSOCIATION ASSESSMENT LIEN | ||
| Before me, the undersigned authority, on this day personally | ||
| appeared _______ ("Affiant(s)") (insert name of one or more | ||
| affiants) who, being first duly sworn, upon oath states: | ||
| (1) My/our name is/are _______ (insert name of | ||
| Affiant(s)). I/we own the following described land ("Land"): | ||
| (describe the property that is the subject of the property owners' | ||
| association assessment lien) | ||
| (2) This affidavit is made for the purpose of | ||
| effecting a release of the property owners' association assessment | ||
| lien recorded in _______ (refer to recording information of | ||
| property owners' association assessment lien) ("Assessment Lien") | ||
| as to the Land. | ||
| (3) The debt on which the Assessment Lien in based has | ||
| been satisfied in its entirety or is not owed by us. | ||
| (4) Attached to this affidavit is evidence that: | ||
| (A) Affiant(s) sent a letter and a copy of this | ||
| affidavit, without attachments and before execution of the | ||
| affidavit, notifying the association claiming the Assessment Lien | ||
| of this affidavit and the Affiant(s)' intent to file for record this | ||
| affidavit; and | ||
| (B) the letter and this affidavit were sent by | ||
| registered or certified mail, return receipt requested, 30 or more | ||
| days before this affidavit was filed to the property owners' | ||
| association claiming the Assessment Lien. | ||
| (5) This affidavit serves as a release of the | ||
| Assessment Lien as to the Land in accordance with Section 12.0171, | ||
| Property Code. | ||
| Signed on this _____ day of _______, _____. | ||
| ____________________ | ||
| ____________________ | ||
| (Signature of Affiant(s)) | ||
| State of __________ | ||
| County of __________ | ||
| SWORN TO AND SUBSCRIBED before me on the _________ day of | ||
| __________, 20___. | ||
| My commission expires: | ||
| ______________________ | ||
| ________________________________ | ||
| Notary Public, State of Texas | ||
| Notary's printed name: | ||
| ________________________________ | ||
| (f) A person who knowingly causes an affidavit with false | ||
| information to be executed and recorded under this section is | ||
| liable for the penalties for filing a false affidavit, including | ||
| the penalties for the commission of an offense under Section 37.02, | ||
| Penal Code. The attorney general may sue to collect the penalty. A | ||
| person who negligently causes an affidavit with false information | ||
| to be executed and recorded under this section is liable to a party | ||
| injured by the affidavit for actual damages. If the attorney | ||
| general or an injured party bringing suit substantially prevails in | ||
| an action under this subsection, the court may award reasonable | ||
| attorney's fees and court costs to the prevailing party. | ||
| SECTION 2. The change in law made by this Act applies only | ||
| to an affidavit filed on or after the effective date of this Act. An | ||
| affidavit filed 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, 2011. | ||
