As of September 1, 2023, some new laws from the 2023 Texas Legislative Action Committee will affect homeowners’ and condominium owners’ associations.
Below are the changes to specific bills and how they will affect HOAs going forward.
House Bill 614
Pertains to HOAs + Fine and Enforcement Policies
Change to Chapter 209 of the Texas Property Code
Representative Shaheen filed House Bill 614, which states that the HOAs that have the authority to fine must follow an enforcement policy regarding the levying of fines by the association. A copy of the policy must be provided by the association to each owner of the property by posting it on the HOA’s website or by sending a copy of the policy to the owners via hand delivery.
The enforcement policy must include the following:
- General categories of restrictive covenants
- A schedule of fines for each violated category
- Information regarding hearings described by Property Code Section 209.007
House Bill 886
Pertains to HOAs + Assessment Lien Requirements
Change to Chapter 209 of the Texas Property Code
Representative Shaheen filed House Bill 886, which adds requirements that HOAs must follow before an assessment lien of the nonpayment of assessments or other charges owed to the HOA may be filed. Before an assessment lien is recorded, two delinquency notices to the property owner and a waiting period must be adhered to by the HOA. The first notice must be sent by first-class mail to the owner’s address or by email to their email address. Once the first notice has been sent, the HOA must wait 30 days before sending a second notice by certified mail. After the second notice, there is a 90-day waiting period before the assessment lien can be filed.
If your HOA Board has questions about the new 2023 Texas Legislative laws for HOAs, contact Prism Realty Management or visit this website. Give us a call at 512-676-5842 — we’d be happy to talk to you about who we are, the services we offer, and our process.
