By: Hughes S.B. No. 48
 
 
 
   
 
A BILL TO BE ENTITLED
AN ACT
relating to property owners' associations, including condominium
owners' associations.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 82.003(a), Property Code, is amended by
adding Subdivision (17-a) to read as follows:
             (17-a) "Management company" means a person or entity
established or contracted to provide management or administrative
services on behalf of a unit owners' association organized under
Section 82.101.
       SECTION 2.  Subchapter C, Chapter 82, Property Code, is
amended by adding Section 82.1142 to read as follows:
       Sec. 82.1142.  ONLINE ASSOCIATION INFORMATION REQUIRED. (a)  
This section only applies to:
             (1)  the association of a condominium composed of at
least 60 units; or
             (2)  an association that has contracted with a
management company.
       (b)  An association to which this section applies shall make
the current version of the association's dedicatory instruments
relating to the association and filed in the county deed records
available on an Internet website that is:
             (1)  maintained by the association or a management
company on behalf of the association; and
             (2)  accessible to association members.
       SECTION 3.  Section 82.116, Property Code, is amended by
amending Subsections (a), (b), and (c) and adding Subsections (b-1)
and (d) to read as follows:
       (a)  An association shall record in each county in which any
portion of the condominium is located a management certificate,
signed and acknowledged by an officer of the association, stating:
             (1)  the name of the condominium;
             (2)  the name of the association;
             (3)  the location of the condominium;
             (4)  the recording data for the declaration and any
amendments to the declaration;
             (5)  the mailing address of the association; [, or]
             (6)  the name, [and] mailing address, telephone number,
and e-mail address of any management company [the person or entity
managing the association];
             (7)  the website address of any Internet website on
which the association's dedicatory instruments are available in
accordance with Section 82.1142;
             (8)  the amount and description of a fee or fees charged
to a unit seller or buyer relating to a transfer of a property
interest in a unit of the condominium; and
             (9) [(6)]  other information the association considers
appropriate.
       (b)  The association shall record an amended [a] management
certificate not later than the 30th day after the date the
association has notice of a change in any information in a recorded
certificate required by Subsection (a) [Subdivisions (a)(1)-(5)].
       (b-1)  Not later than the seventh day after the date an
association files a management certificate for recording under
Subsection (a) or files an amended management certificate for
recording under Subsection (b), the association shall
electronically file the management certificate or amended
management certificate with the Texas Real Estate Commission.  The
Texas Real Estate Commission shall only collect the management
certificate and amended management certificate for the purpose of
making the data accessible to the public through an Internet
website. 
       (c)  Except as provided by Subsection (d), the [The]
association and its officers, directors, employees, and agents are
not subject to liability to any person for delay or failure to
record a management certificate with a county clerk's office or to
electronically file the management certificate with the Texas Real
Estate Commission, unless the delay or failure is wilful or caused
by gross negligence.
       (d)  A unit owner is not liable for attorney's fees incurred

Statutes affected:
Introduced: Property Code 82.003, Property Code 82.116, Property Code 82.157, Property Code 202.023 (Property Code 82, Property Code 202)