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Did this new law, dealing with fine schedules, in Texas pass, effective 1-1-24?

Started by RogerJ1 • 19 replies • 538 views

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RogerJ1 (Texas)
Posts: 550
Posted:
I finds sites that state it passed and will go into effect 01-01-2024, and I find other sites that ignore it, in reporting new Texas laws impacting as if it did not pass.

Anyone know:

Sec. 209.0061. ASSOCIATION POLICY; FINES. (a) This section does not apply to a property owners' association that is not authorized by the association's dedicatory instrument to levy a fine.

(b) A property owners' association board shall adopt an enforcement policy regarding the levying of fines by the property owners' association. The policy must include:

(1) general categories of restrictive covenants for which the association may assess fines;

(2) a schedule of fines for each category of violation; and

(3) information regarding hearings described by Section 209.007.

(c) The enforcement policy adopted pursuant to Subsection (b) may reserve the board's authority to levy a fine from the schedule of fines that varies on a case-by-case basis.

(d) Each property owners' association shall:

(1) provide a copy of the policy to an owner of each property in the subdivision by:

(A) posting the policy on an Internet website maintained by the property owners' association or an agent acting on behalf of the association and accessible to members of the association; or

(B) annually sending a copy of the policy, separately or included in routine communication from the property owners' association to property owners, by:

(i) hand delivery to the owner;

(ii) first class mail to the owner's last known mailing address; or

(iii) e-mail to an e-mail address provided to the property owners' association by the owner; and

(2) make the policy available on any publicly accessible Internet website maintained by the property owners' association or an agent acting on behalf of the association.
SheliaH (Indiana)
Posts: 6,964
Posted:
Have you checked your state legislative website? You should be able to look it up, especially if you know the bill number. If it started in the state house and moved to the senate or vice versa, the number may change.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
ElleN (Idaho)
Posts: 4,420
Posted:
This oft-quoted, official Texas government site says what you quoted goes into effect on January 1, 2024, as passed into law via Acts 2023, 88th Leg., R.S., Ch. 666 (H.B. 614), Sec. 1, eff. January 1, 2024:

https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm

Googling on "HB 614" turns up this record that the bill passed both the Tx House and Tx Senate earlier this year:

https://legiscan.com/TX/bill/HB614/2023
TimB4 (Tennessee)
Posts: 21,059
Posted:
Per Texas Statutes, it appears to have passed.

Directly under that paragraph, it states:

Added by Acts 2023, 88th Leg., R.S., Ch. 666 (H.B. 614), Sec. 1, eff. January 1, 2024.

Remember that that section is not in effect until January 2024.
However, I suspect many Assocaitions may implement it now without reading the fine print.
BillD16 (Texas)
Posts: 971
Posted:
Quote:
Posted By TimB4 on 09/26/2023 6:11 AM
Per Texas Statutes, it appears to have passed.

Directly under that paragraph, it states:

Added by Acts 2023, 88th Leg., R.S., Ch. 666 (H.B. 614), Sec. 1, eff. January 1, 2024.

Remember that that section is not in effect until January 2024.
However, I suspect many Assocaitions may implement it now without reading the fine print.

I can tell you that I’m going to do some reading up on this!

Bill
HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”
BillH10 (Texas)
Posts: 1,217
Posted:
Guys, I don't have time to dig into this legislation or its status right now, but . . .

Just because the bill passed both houses of the Legislature does not mean it becomes law. Abbott must sign it as well.

SPOILER ALERT: Abbott vetoed a number of pieces of legislation, including some which affected TPC209 POAs, and possibly Section 81/82 condos, during his snit-fit fight with Dan Patrick over the funding method to be used for property tax reduction.

I believe there has been at least one special session since the two of them came to some agreement, I do not know if this bill was reconsidered, passed and sent to Abbott for signature.

I recommend you do a really deep dive into the status of this legislation before you implement anything. It would be most helpful if you would share what you learn.

My wife is to participate in a briefing tomorrow of our master association PM personnel by counsel. I will ask her to seek clarification if possible and will share what she learns, if anything.
TimB4 (Tennessee)
Posts: 21,059
Posted:
I took 30 seconds and did an internet search to see if the governor signed the bill.

Per a site that tracks bills the governor signed the bill on 6/12/2023
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By BillH10 on 09/27/2023 7:44 AM
Guys, I don't have time to dig into this legislation or its status right now, but . . .

Just because the bill passed both houses of the Legislature does not mean it becomes law. Abbott must sign it as well.
?

From the link I posted above, Governor Abbott signed the bill into law on June 12, 2023.
TimB4 (Tennessee)
Posts: 21,059
Posted:
I see Elle posted the address of the link I just posted earlier.

Didn't mean to repeat what had been posted.

Simply my failure to go back and read the full thread.

Sorry about that.
ElleN (Idaho)
Posts: 4,420
Posted:
Tim, our posts were within 15 minutes of each other. I am often drafting a post and checking stuff out simultaneously, whence someone else ends up posting a link before I submit my post. No need to apologize. Though your civility and manners remain an example for me to try to emulate.
KayP4 (Texas)
Posts: 4
Posted:
Understanding that the law( Property code 209.0061)did pass and was signed by the Govenor. Can an HOA that never had fining authority GRANTED and has none in the Declaration or any other documents. Add such fining authority by addition to the CC&R's retroactively to the subdivision. ? Law says DOES NOT APPLY IF NEVER GRANTED FINING AUTHORITY> my hoa seem to think they can add this if they follow regulations on ammended documents.
SheliaH (Indiana)
Posts: 6,964
Posted:
Have your documents been amended before or after this was passed? If so, go back and read the amendments. If it's still unclear, the board should check with the association attorney.

If your documents permit fines, the board should establish a policy - when will they be levied, amounts, appeals process, etc. This assumes your documents also allow the board to enact policies and procedures to flesh out the documents (they can't override the documents or local, state or federal law). The policy should be adopted via a board vote on a resolution during an open board meeting, and then homeowners should be notified of the new policy with an effective date.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
ElleN (Idaho)
Posts: 1,334
Posted:
Quote:
Posted By KayP4 on 02/21/2025 5:50 AM
Law says DOES NOT APPLY IF NEVER GRANTED FINING AUTHORITY
No, it does not say this. The relevant part of TPC 209 does say this:

This section [on fines] does not apply to a property owners' association that is not authorized by the association's dedicatory instrument to levy a fine.

In the definitions section of TPC 209, "dedicatory instruments" is defined to include amendments.

KayP4 (Texas)
Posts: 4
Posted:
Ellen not trying argue and yes you are correct on the exact wording. Question is till the same. Can An HOA retroactively add fining authority? when 209.0061 clearly says" does not apply to a property owners association that is not authorized by its dedicatory documents to levy a fine.
KayP4 (Texas)
Posts: 4
Posted:
simple question Can fines be added retroactively after this law passed.?

The law is not about having fining authority,
It is about what you must do if Hoa already has fining authority, you must have and publish annually enforcement policy and list of fines and amount published annually.
We do not have fining authority. , The developer did not authorize or grant it. . It was never a question until this law was passed.
ElleN (Idaho)
Posts: 1,334
Posted:
Quote:
Posted By KayP4 on 02/21/2025 6:47 AM
Ellen not trying argue and yes you are correct on the exact wording. Question is till the same. Can An HOA retroactively add fining authority? when 209.0061 clearly says" does not apply to a property owners association that is not authorized by its dedicatory documents to levy a fine.
Kay, per the exact wording of TPC 209's definitions section, a HOA can amend its declaration to add fining authority. Subsequently and assuming proper procedures are followed, fines can lawfully be imposed.
TristaJ (Texas)
Posts: 96
Posted:
Quote:
Posted By KayP4 on 02/21/2025 6:59 AM
simple question Can fines be added retroactively after this law passed.?

The law is not about having fining authority,
It is about what you must do if Hoa already has fining authority, you must have and publish annually enforcement policy and list of fines and amount published annually.
We do not have fining authority. , The developer did not authorize or grant it. . It was never a question until this law was passed.

I would think if you want to amend your documents, you can, given you meet all the requirements to change them. Example, we have to have a certain percentage of members sign before anything can be changed. I'm no lawyer though and probably best to ask your association lawyer.
KayP4 (Texas)
Posts: 4
Posted:
Yes we have a 60% requirement of all members to approve changes ,as long as we follow the voting, open meeting and recording laws. State says 67% unless a lower % is in the governing documents, We do not have management company or and attorney (small HOA). Just trying to get over an impasse the committee
has.
with lots of opposing views and thoughts. Appreciate your comments Thank.
DeanJ
Posts: 1,786
Posted:
Quote:
Posted By KayP4 on 02/21/2025 11:18 AM
Yes we have a 60% requirement of all members to approve changes ,as long as we follow the voting, open meeting and recording laws. State says 67% unless a lower % is in the governing documents, We do not have management company or and attorney (small HOA). Just trying to get over an impasse the committee
has.
with lots of opposing views and thoughts. Appreciate your comments Thank.

The trouble with a committee for rules some members who want the process or language of the rules so diluted that no one will ever be fined. Good luck.
DeanJ
Posts: 1,786
Posted:
This is one of the few laws out of CA, FL or TX I like.

It is not overly burdensome for a board and reminds the owners of the penalties if they violate the rules.

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