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A Final Look at the 2023 Texas Legislature

I wanted to take one final look at the 2023 Texas Legislature in terms of changes in the real estate market. The majority of the news, as we know, surrounded property tax relief, and verification of the homestead exemption. However, there were a few other noteworthy occurrences.

House Bill 886, amending the Texas Property Code, took effect on September 1, 2023. It identifies the specific requirements by which a Property Owners’ Association (HOA/COA) can file an assessment lien. An assessment lien as defined, is a lien, lien affidavit, or other instrument evidencing the nonpayment of assessments or other charges owed to a property owners’ association. The first notice of delinquency must be provided by first class mail to the property owner’s last known mailing address, as reflected in association records, or by e-mail to an e-mail address provided to the association. The second notice of delinquency must be provided by certified mail, return receipt requested, to the property owner’s last known mailing address, not earlier than the 30th day after the first notice of delinquency. Third, and finally, there can be an assessment lien filed. However, the association may not file the lien before the 90th day after the first notice of delinquency. As always, the assessment lien process does not affect a property owner covered by the Servicemembers Civil Relief Act.

  House Bill 614, amending the Texas Property Code, took effect on January 1, 2024. It identifies the specific requirements by which a Property Owners’ Association (HOA/COA) can enforce a policy of levying fines. First, the association’s policy must have general categories of restrictive covenants for which fines can be levied. Second, there must be a schedule of fines for each category and violation. Third, there must be information regarding the option for a hearing before the association board as a means of alternative dispute resolution (as defined by Texas Property Code Section 209.007)

House Bill 2024, amending the Texas Property Code, took effect on September 1, 2023. It relates to the statues of limitation and repose for certain claims arising out of the design, construction, or repair of certain residential construction. As it previously stood, a person was able to bring suit for damages against one who constructs or repairs an improvement to real property within 10 years of completion. HB 2024 creates an opportunity for that scope to change. A contractor may now provide the consumer with a written warranty for a minimum of one year for workmanship and materials, two years for plumbing, electrical, heating and air-conditioning systems, and six years for major structural components, then a person is only able to bring suit for damages within 6 years of completion. However, it is also important to note that if a claim is brought within the applicable time period, that period is extended for one additional year.

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