reglab/housing_qa huggingface dataset:
TX Prop § 209.0065 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 209 - Texas Residential Property Owners Protection Act|Section 209.0065. Credit Reporting Services

Sec. 209.0065.  CREDIT REPORTING SERVICES.  (a)  A property owners' association or the association's collection agent may not report any delinquent fines, fees, or assessments to a credit reporting service that are the subject of a pending dispute between the owner and the property owners' association.(b)  A property owners' association may report the delinquent payment history of assessments, fines, and fees of property owners within its jurisdiction to a credit reporting service only if:(1)  at least 30 business days before reporting to a credit reporting service, the association sends, via certified mail, hand delivery, electronic delivery, or by other delivery means acceptable between the parties, a detailed report of all delinquent charges owed; and(2)  a property owner has been given the opportunity to enter into a payment plan.(c)  A property owners' association may not charge a fee to an individual property owner for the reporting under Subsection (b) of the delinquent payment history of assessments, fines, and fees of property owners within the association's jurisdiction to a credit reporting service.|Added by Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 17, eff. September 1, 2021.|
TX Prop § 209.007 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 209 - Texas Residential Property Owners Protection Act|Section 209.007. Hearing Before Board; Alternative Dispute Resolution

Sec. 209.007.  HEARING BEFORE BOARD;  ALTERNATIVE DISPUTE RESOLUTION.  (a)  Except as provided by Subsection (d) and only if the owner is entitled to an opportunity to cure the violation, the owner has the right to submit a written request for a hearing to discuss and verify facts and resolve the matter in issue before the board.(b)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 22(2), eff. September 1, 2021.(c)  The association shall hold a hearing under this section not later than the 30th day after the date the board receives the owner's request for a hearing and shall notify the owner of the date, time, and place of the hearing not later than the 10th day before the date of the hearing.  The board or the owner may request a postponement, and, if requested, a postponement shall be granted for a period of not more than 10 days.  Additional postponements may be granted by agreement of the parties.  The owner or the association may make an audio recording of the meeting.(d)  The notice and hearing provisions of Section 209.006 and this section do not apply if the association files a suit seeking a temporary restraining order or temporary injunctive relief or files a suit that includes foreclosure as a cause of action.  If a suit is filed relating to a matter to which those sections apply, a party to the suit may file a motion to compel mediation.  The notice and hearing provisions of Section 209.006 and this section do not apply to a temporary suspension of a person's right to use common areas if the temporary suspension is the result of a violation that occurred in a common area and involved a significant and immediate risk of harm to others in the subdivision.  The temporary suspension is effective until the board makes a final determination on the suspension action after following the procedures prescribed by this section.(e)  An owner or property owners' association may use alternative dispute resolution services.(f)  Not later than 10 days before the association holds a hearing under this section, the association shall provide to an owner a packet containing all documents, photographs, and communications relating to the matter the association intends to introduce at the hearing.(g)  If an association does not provide a packet within the period described by Subsection (f), an owner is entitled to an automatic 15-day postponement of the hearing.(h)  During a hearing, a member of the board or the association's designated representative shall first present the association's case against the owner.  An owner or the owner's designated representative is entitled to present the owner's information and issues relevant to the appeal or dispute.|Added by Acts 2001, 77th Leg., ch. 926, Sec. 1, eff. Jan. 1, 2002.Amended by: Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 18, eff. September 1, 2021.Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 22(2), eff. September 1, 2021.|
TX Prop § 209.008 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 209 - Texas Residential Property Owners Protection Act|Section 209.008. Attorney's Fees

Sec. 209.008.  ATTORNEY'S FEES.  (a)  A property owners' association may collect reimbursement of reasonable attorney's fees and other reasonable costs incurred by the association relating to collecting amounts, including damages, due the association for enforcing restrictions or the bylaws or rules of the association only if the owner is provided a written notice that attorney's fees and costs will be charged to the owner if the delinquency or violation continues after a date certain.(b)  An owner is not liable for attorney's fees incurred by the association relating to a matter described by the notice under Section 209.006 if the attorney's fees are incurred before the conclusion of the hearing under Section 209.007 or, if the owner does not request a hearing under that section, before the date by which the owner must request a hearing.  The owner's presence is not required to hold a hearing under Section 209.007.(c)  All attorney's fees, costs, and other amounts collected from an owner shall be deposited into an account maintained at a financial institution in the name of the association or its managing agent.  Only members of the association's board or its managing agent or employees of its managing agent may be signatories on the account.(d)  On written request from the owner, the association shall provide copies of invoices for attorney's fees and other costs relating only to the matter for which the association seeks reimbursement of fees and costs.(e)  The notice provisions of Subsection (a) do not apply to a counterclaim of an association in a lawsuit brought against the association by a property owner.(f)  If the dedicatory instrument or restrictions of an association allow for nonjudicial foreclosure, the amount of attorney's fees that a property owners' association may include in a nonjudicial foreclosure sale for an indebtedness covered by a property owners' association's assessment lien is limited to the greater of:(1)  one-third of the amount of all actual costs and assessments, excluding attorney's fees, plus interest and court costs, if those amounts are permitted to be included by law or by the restrictive covenants governing the property;  or(2)  $2,500.(g)  Subsection (f) does not prevent a property owners' association from recovering or collecting attorney's fees in excess of the amounts prescribed by Subsection (f) by other means provided by law.|Added by Acts 2001, 77th Leg., ch. 926, Sec. 1, eff. Jan. 1, 2002.|
TX Prop § 209.009 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 209 - Texas Residential Property Owners Protection Act|Section 209.009. Foreclosure Sale Prohibited in Certain Circumstances

Sec. 209.009.  FORECLOSURE SALE PROHIBITED IN CERTAIN CIRCUMSTANCES.  A property owners' association may not foreclose a property owners' association's assessment lien if the debt securing the lien consists solely of:(1)  fines assessed by the association;(2)  attorney's fees incurred by the association solely associated with fines assessed by the association; or(3)  amounts added to the owner's account as an assessment under Section 209.005(i) or 209.0057(b-4).|Added by Acts 2001, 77th Leg., ch. 926, Sec. 1, eff. Jan. 1, 2002.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1026 (H.B. 2761), Sec. 4, eff. January 1, 2012.Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 20, eff. September 1, 2015.|
TX Prop § 209.0091 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 209 - Texas Residential Property Owners Protection Act|Section 209.0091. Prerequisites to Foreclosure: Notice and Opportunity to Cure for Certain Other Lienholders

Sec. 209.0091.  PREREQUISITES TO FORECLOSURE:  NOTICE AND OPPORTUNITY TO CURE FOR CERTAIN OTHER LIENHOLDERS.  (a)  A property owners' association may not file an application for an expedited court order authorizing foreclosure of the association's assessment lien as described by Section 209.0092(a) or a petition for judicial foreclosure of the association's assessment lien as described by Section 209.0092(d) unless the association has:(1)  provided written notice of the total amount of the delinquency giving rise to the foreclosure to any other holder of a lien of record on the property whose lien is inferior or subordinate to the association's lien and is evidenced by a deed of trust; and(2)  provided the recipient of the notice an opportunity to cure the delinquency before the 61st day after the date the association mails the notice described in Subdivision (1).(b)  Notice under this section must be sent by certified mail to the address for the lienholder shown in the deed records relating to the property that is subject to the property owners' association assessment lien.(c)  Notwithstanding any other law, notice under this section may be provided to any holder of a lien of record on the property.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1282 (H.B. 1228), Sec. 2, eff. January 1, 2012.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 21, eff. September 1, 2015.|
TX Prop § 209.0092 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 209 - Texas Residential Property Owners Protection Act|Section 209.0092. Judicial Foreclosure Required

Sec. 209.0092.  JUDICIAL FORECLOSURE REQUIRED.  (a)  Except as provided by Subsection (c) or (d) and subject to Section 209.009, a property owners' association may not foreclose a property owners' association assessment lien unless the association first obtains a court order in an application for expedited foreclosure under the rules adopted by the supreme court under Subsection (b).  A property owners' association may use the procedure described by this subsection to foreclose any lien described by the association's dedicatory instruments.  A property owners' association whose dedicatory instruments grant a right of foreclosure is considered to have any power of sale required by law as a condition of using the procedure described by this subsection.(b)  The supreme court, as an exercise of the court's authority under Section 74.024, Government Code, shall adopt rules establishing expedited foreclosure proceedings for use by a property owners' association in foreclosing an assessment lien of the association.  The rules adopted under this subsection must be substantially similar to the rules adopted by the supreme court under Section 50(r), Article XVI, Texas Constitution.(c)  Expedited foreclosure is not required under this section if the owner of the property that is subject to foreclosure agrees in writing at the time the foreclosure is sought to waive expedited foreclosure under this section.  A waiver under this subsection may not be required as a condition of the transfer of title to real property.(d)  A property owners' association authorized to use the procedure described by Subsection (a) may in its discretion elect not to use that procedure and instead foreclose the association's assessment lien under court judgment foreclosing the lien and ordering the sale, pursuant to Rules 309 and 646a, Texas Rules of Civil Procedure.(e)  This section does not affect any right an association that is not authorized to use the procedure described by Subsection (a) may have to judicially foreclose the association's assessment lien as described by Subsection (d).|Added by Acts 2011, 82nd Leg., R.S., Ch. 1282 (H.B. 1228), Sec. 2, eff. September 1, 2011.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 22, eff. September 1, 2015.|
TX Prop § 209.0093 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 209 - Texas Residential Property Owners Protection Act|Section 209.0093. Removal or Adoption of Foreclosure Authority

Sec. 209.0093.  REMOVAL OR ADOPTION OF FORECLOSURE AUTHORITY.  A provision granting a right to foreclose a lien on real property for unpaid amounts due to a property owners' association may be removed from a dedicatory instrument or adopted in a dedicatory instrument by a vote of at least 67 percent of the total votes allocated to property owners in the property owners' association.  Owners holding at least 10 percent of all voting interests in the property owners' association may petition the association and require a special meeting to be called for the purposes of taking a vote for the purposes of this section.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1282 (H.B. 1228), Sec. 2, eff. January 1, 2012.|
TX Prop § 209.0094 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 209 - Texas Residential Property Owners Protection Act|Section 209.0094. Assessment Lien Filing

Sec. 209.0094.  ASSESSMENT LIEN FILING.  A lien, lien affidavit, or other instrument evidencing the nonpayment of assessments or other charges owed to a property owners' association and filed in the official public records of a county is a legal instrument affecting title to real property.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1282 (H.B. 1228), Sec. 2, eff. January 1, 2012.|
TX Prop § 209.010 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 209 - Texas Residential Property Owners Protection Act|Section 209.010. Notice After Foreclosure Sale

Sec. 209.010.  NOTICE AFTER FORECLOSURE SALE.  (a)  A property owners' association that conducts a foreclosure sale of an owner's lot must send to the lot owner and to each lienholder of record, not later than the 30th day after the date of the foreclosure sale, a written notice stating the date and time the sale occurred and informing the lot owner and each lienholder of record of the right of the lot owner and lienholder to redeem the property under Section 209.011.(b)  The notice must be sent by certified mail, return receipt requested, to:(1)  the lot owner's last known mailing address, as reflected in the records of the property owners' association;(2)  the address of each holder of a lien on the property subject to foreclosure evidenced by the most recent deed of trust filed of record in the real property records of the county in which the property is located; and(3)  the address of each transferee or assignee of a deed of trust described by Subdivision (2) who has provided notice to a property owners' association of such assignment or transfer.  Notice provided by a transferee or assignee to a property owners' association shall be in writing, shall contain the mailing address of the transferee or assignee, and shall be mailed by certified mail, return receipt requested, or United States mail with signature confirmation to the property owners' association according to the mailing address of the property owners' association pursuant to the most recent management certificate filed of record pursuant to Section 209.004.(b-1)  If a recorded instrument does not include an address for the lienholder, the association does not have a duty to notify the lienholder as provided by this section.(b-2)  For purposes of this section, the lot owner is deemed to have given approval for the association to notify the lienholder.(c)  Not later than the 30th day after the date the association sends the notice required by Subsection (a), the association must record an affidavit in the real property records of the county in which the lot is located, stating the date on which the notice was sent and containing a legal description of the lot.  Any person is entitled to rely conclusively on the information contained in the recorded affidavit.(d)  The notice requirements of this section also apply to the sale of an owner's lot by a sheriff or constable conducted as provided by a judgment obtained by the property owners' association.|Added by Acts 2001, 77th Leg., ch. 926, Sec. 1, eff. Jan. 1, 2002.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1176 (H.B. 3479), Sec. 2, eff. September 1, 2009.|
TX Prop § 209.012 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 209 - Texas Residential Property Owners Protection Act|Section 209.012. Restrictive Covenants Granting Easements to Certain Property Owners' Associations

Sec. 209.012.  RESTRICTIVE COVENANTS GRANTING EASEMENTS TO CERTAIN PROPERTY OWNERS' ASSOCIATIONS.  (a)  A property owners' association may not amend a dedicatory instrument to grant the property owners' association an easement through or over an owner's lot without the consent of the owner.(b)  This section does not prohibit a property owners' association from adopting or enforcing a restriction in a dedicatory instrument that allows the property owners' association to access an owner's lot to remedy a violation of the dedicatory instrument.|Added by Acts 2007, 80th Leg., R.S., Ch. 887 (H.B. 2402), Sec. 1, eff. September 1, 2007.|Sec. 209.013.  AUTHORITY OF ASSOCIATION TO AMEND DEDICATORY INSTRUMENT.  (a)  A dedicatory instrument created by a developer of a residential subdivision or by a property owners' association in which the developer has a majority of the voting rights or that the developer otherwise controls under the terms of the dedicatory instrument may not be amended during the period between the time the developer loses the majority of the voting rights or other form of control of the property owners' association and the time a new board of directors of the association assumes office following the loss of the majority of the voting rights or other form of control.(b)  A provision in a dedicatory instrument that violates this section is void and unenforceable.|Added by Acts 2007, 80th Leg., R.S., Ch. 887 (H.B. 2402), Sec. 2(a), eff. September 1, 2007.|
TX Prop § 209.014 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 209 - Texas Residential Property Owners Protection Act|Section 209.014. Mandatory Election Required After Failure to Call Regular Meeting

Sec. 209.014.  MANDATORY ELECTION REQUIRED AFTER FAILURE TO CALL REGULAR MEETING.  (a)  Notwithstanding any provision in a dedicatory instrument, a board of a property owners' association shall call an annual meeting of the members of the association.(b)  If a board of a property owners' association does not call an annual meeting of the association members, an owner may demand that a meeting of the association members be called not later than the 30th day after the date of the owner's demand.  The owner's demand must be made in writing and sent by certified mail, return receipt requested, to the registered agent of the property owners' association and to the association at the address for the association according to the most recently filed management certificate.  A copy of the notice must be sent to each property owner who is a member of the association.(c)  If the board does not call a meeting of the members of the property owners' association on or before the 30th day after the date of a demand under Subsection (b), three or more owners may form an election committee.  The election committee shall file written notice of the committee's formation with the county clerk of each county in which the subdivision is located.(d)  A notice filed by an election committee must contain:(1)  a statement that an election committee has been formed to call a meeting of owners who are members of the property owners' association for the sole purpose of electing board members;(2)  the name and residential address of each committee member; and(3)  the name of the subdivision over which the property owners' association has jurisdiction under a dedicatory instrument.(e)  Each committee member must sign and acknowledge the notice before a notary or other official authorized to take acknowledgments.(f)  The county clerk shall enter on the notice the date the notice is filed and record the notice in the county's real property records.(g)  Only one committee in a subdivision may operate under this section at one time.  If more than one committee in a subdivision files a notice, the first committee that files a notice, after having complied with all other requirements of this section, is the committee with the power to act under this section.  A committee that does not hold or conduct a successful election within four months after the date the notice is filed with the county clerk is dissolved by operation of law.  An election held or conducted by a dissolved committee is ineffective for any purpose under this section.(h)  The election committee may call meetings of the owners who are members of the property owners' association for the sole purpose of electing board members.  Notice, quorum, and voting provisions contained in the bylaws of the property owners' association apply to any meeting called by the election committee.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1026 (H.B. 2761), Sec. 5, eff. January 1, 2012.|
TX Prop § 209.016 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 209 - Texas Residential Property Owners Protection Act|Section 209.016. Regulation of Residential Leases or Rental Agreements

Sec. 209.016.  REGULATION OF RESIDENTIAL LEASES OR RENTAL AGREEMENTS.(a)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 22(3), eff. September 1, 2021.(b)  A property owners' association may not adopt or enforce a provision in a dedicatory instrument that:(1)  requires a lease or rental applicant or a tenant to be submitted to and approved for tenancy by the property owners' association; or(2)  requires the following information to be submitted to a property owners' association regarding a lease or rental applicant or current tenant:(A)  a consumer or credit report; or(B)  a lease or rental application submitted by the applicant, tenant, or that person's agent to the property owner or property owner's agent when applying for tenancy.(c)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 22(3), eff. September 1, 2021.(d)  Nothing in this section shall be construed to prohibit the adoption or enforcement of a provision in a dedicatory instrument establishing a restriction relating to occupancy or leasing.(e)  A property owners' association may request the following information to be submitted to the association regarding a lease or rental applicant:(1)  contact information, including the name, mailing address, phone number, and e-mail address of each person who will reside at a property in the subdivision under a lease; and(2)  the commencement date and term of the lease.|Added by Acts 2015, 84th Leg., R.S., Ch. 1077 (H.B. 2489), Sec. 1, eff. June 19, 2015.Amended by: Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 20, eff. September 1, 2021.Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 22(3), eff. September 1, 2021.|
TX Prop § 209.017 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 209 - Texas Residential Property Owners Protection Act|Section 209.017. Justice Court Jurisdiction

Sec. 209.017.  JUSTICE COURT JURISDICTION.  An owner of property in a subdivision may bring an action for a violation of this chapter against the property owners' association of the subdivision in the justice court of a precinct in which all or part of the subdivision is located.|Added by Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 21, eff. September 1, 2021.|