Tex. Property Code § 209.0061
This is the official text of Tex. Property Code § 209.0061, part of Texas’s Property Code — governs real property, landlord-tenant law, and property transactions.
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§ 209.0061. ASSOCIATION POLICY; FINES.
Official statutory text
(a) This section does not apply to a property owners' association that is not authorized by the association's dedicatory instrument to levy a fine.
(b) A property owners' association board shall adopt an enforcement policy regarding the levying of fines by the property owners' association. The policy must include:
(1) general categories of restrictive covenants for which the association may assess fines;
(2) a schedule of fines for each category of violation; and
(3) information regarding hearings described by Section 209.007.
(c) The enforcement policy adopted pursuant to Subsection (b) may reserve the board's authority to levy a fine from the schedule of fines that varies on a case-by-case basis.
(d) Each property owners' association shall:
(1) provide a copy of the policy to an owner of each property in the subdivision by:
(A) posting the policy on an Internet website maintained by the property owners' association or an agent acting on behalf of the association and accessible to members of the association; or
(B) annually sending a copy of the policy, separately or included in routine communication from the property owners' association to property owners, by:
(i) hand delivery to the owner;
(ii) first class mail to the owner's last known mailing address; or
(iii) e-mail to an e-mail address provided to the property owners' association by the owner; and
(2) make the policy available on any publicly accessible Internet website maintained by the property owners' association or an agent acting on behalf of the association.
(b) A property owners' association board shall adopt an enforcement policy regarding the levying of fines by the property owners' association. The policy must include:
(1) general categories of restrictive covenants for which the association may assess fines;
(2) a schedule of fines for each category of violation; and
(3) information regarding hearings described by Section 209.007.
(c) The enforcement policy adopted pursuant to Subsection (b) may reserve the board's authority to levy a fine from the schedule of fines that varies on a case-by-case basis.
(d) Each property owners' association shall:
(1) provide a copy of the policy to an owner of each property in the subdivision by:
(A) posting the policy on an Internet website maintained by the property owners' association or an agent acting on behalf of the association and accessible to members of the association; or
(B) annually sending a copy of the policy, separately or included in routine communication from the property owners' association to property owners, by:
(i) hand delivery to the owner;
(ii) first class mail to the owner's last known mailing address; or
(iii) e-mail to an e-mail address provided to the property owners' association by the owner; and
(2) make the policy available on any publicly accessible Internet website maintained by the property owners' association or an agent acting on behalf of the association.
Status: in_force · Read it on the official government site
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