88S40271 KBB-F
	By: Hughes	S.B. No. 36

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)

	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;
	(6)  [, or] 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
	by an association relating to the collection of a delinquent
	assessment against the unit owner, or interest on the delinquent