In Texas, the relationship between property owners and their associations often involves navigating a complex set of rules and regulations. A significant development in this area is the introduction of Texas H.B. 614, which specifically addresses the circumstances under which property owners’ associations can levy fines. It is important that both property owners and association boards understand this law as it lays out clear guidelines and procedures for enforcing association rules.
Three specific provisions to note include the following:
- Categories of violations: The new law requires that a POA policy specify which violations can result in fines.
- Fine schedule: There must also be a predetermined schedule of fines corresponding to each type of violation.
- Hearing procedures: The policy should include information on how to access hearings regarding fines.
By adhering to these guidelines, property owners’ associations can better ensure transparency and fairness in the enforcement of rules. This clarity can help maintain harmony and compliance within the community.
What else should POA boards know about this law?
The new law also works to ensure that every property owner is aware of the association’s policy on fines. It states that POAs need to have this information readily accessible on their website and provide a copy to each homeowner annually either by hand delivery, first class mail, or email. POAs that do not comply with this new law may face difficulties if a homeowner challenges the POAs attempt to enforce their community policies.
This new law highlights the evolving nature of the laws that guide POAs in Texas and serves as a reminder of the need to thoroughly and regularly review policies to better ensure compliance with applicable laws.
When does this law go into effect?
Texas H.B. 614 went into effect January 1, 2024. Lawmakers behind this law are working to better ensure that the levying of fines by property owners’ associations is conducted in a fair and transparent manner. By clearly outlining the categories of violations, schedules of fines, and the methods for distribution and accessibility of the policy, the legislation aims to provide a structured framework that protects the rights of property owners while allowing associations to enforce their rules effectively. This act works to help both property owners and associations understand their rights and responsibilities.