bill giving HOAs 180 days to send violation notices

The text as introduced · 338 words

89R14381 RAL-F

By: Gerdes
H.B. No. 3908

A BILL TO BE ENTITLED

AN ACT

relating to the violation of the restrictions, bylaws, or rules of a

property owners' association.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 209.006, Property Code, is amended by

adding Subsections (a-1) and (a-2) to read as follows:

(a-1) A property owners' association shall provide the

notice required by Subsection (a) for a violation of the

restrictions or bylaws or rules of the association not later than

the 180th day after the date the violation occurs.

(a-2) If a property owners' association fails to provide

notice of a violation of the restrictions or bylaws or rules of the

association as required by Subsection (a-1), a fine may not be

assessed for the violation.

SECTION 2. Section 209.0061, Property Code, is amended by

adding Subsection (e) to read as follows:

(e) A property owners' association must levy any fine for a

subsequent violation of a restriction or a bylaw or rule of the

association before the 180th day after the date the initial

violation occurred or the 30th day after the date notice is given

under Section 209.006, whichever is later.

SECTION 3. Section 209.006, Property Code, as amended by

this Act, applies only to an enforcement action initiated by a

property owners' association on or after the effective date of this

Act. An enforcement action initiated 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 4. Section 209.0061, Property Code, as amended by

this Act, applies only to a fine levied on or after the effective

date of this Act. A fine levied 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 5. This Act takes effect September 1, 2025.