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  By: West S.B. No. 1168
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the operation of certain property owners' associations.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 82.002(c), Property Code, is amended to
  read as follows:
         (c)  This section and the following sections apply to a
  condominium in this state for which the declaration was recorded
  before January 1, 1994:  Sections 82.005, 82.006, 82.007, 82.053,
  82.054, 82.102(a)(1)-(7), (a)(12)-(21), (f), and (g), 82.108,
  82.111, 82.113, 82.114, 82.116, 82.118, 82.119, 82.157, and
  82.161.  The definitions prescribed by Section 82.003 apply to a
  condominium in this state for which the declaration was recorded
  before January 1, 1994, to the extent the definitions do not
  conflict with the declaration.  The sections listed in this
  subsection apply only with respect to events and circumstances
  occurring on or after January 1, 1994, and do not invalidate
  existing provisions of the declaration, bylaws, or plats or plans
  of a condominium for which the declaration was recorded before
  January 1, 1994.
         SECTION 2.  Subchapter C, Chapter 82, Property Code, is
  amended by adding Section 82.119 to read as follows:
         Sec. 82.119.  ONLINE AVAILABILITY OF DEDICATORY
  INSTRUMENTS. If an association has, or a management company on the
  association's behalf maintains, a publicly accessible Internet
  website, the association shall make available on that website all
  dedicatory instruments relating to the association or condominium
  regime, including bylaws and association rules, that are filed in
  the county deed records.
         SECTION 3.  Section 82.157(a), Property Code, is amended to
  read as follows:
         (a)  Except as provided by Subsection (c), if a unit owner
  other than a declarant intends to sell a unit, before executing a
  contract or conveying the unit, the unit owner must furnish to the
  purchaser a current copy of the declaration, bylaws, any
  association rules, and a resale certificate that must have been
  prepared not earlier than three months before the date it is
  delivered to the purchaser. The resale certificate must be issued
  by the association and must contain the current operating budget of
  the association and statements of:
               (1)  any right of first refusal or other restraint
  contained in the declaration that restricts the right to transfer a
  unit;
               (2)  the amount of the periodic common expense
  assessment and the unpaid common expenses or special assessments
  currently due and payable from the selling unit owner;
               (3)  other unpaid fees or amounts payable to the
  association by the selling unit owner;
               (4)  capital expenditures, if any, approved by the
  association for the next 12 months;
               (5)  the amount of reserves, if any, for capital
  expenditures and of portions of those reserves designated by the
  association for a specified project;
               (6)  any unsatisfied judgments against the
  association;
               (7)  the nature of any pending suits against the
  association;
               (8)  insurance coverage provided for the benefit of
  unit owners;
               (9)  whether the board has knowledge that any
  alterations or improvements to the unit or to the limited common
  elements assigned to that unit violate the declaration, bylaws, or
  association rules;
               (10)  whether the board has received notice from a
  governmental authority concerning violations of health or building
  codes with respect to the unit, the limited common elements
  assigned to that unit, or any other portion of the condominium;
               (11)  the remaining term of any leasehold estate that
  affects the condominium and the provisions governing an extension
  or renewal of the lease; [and]
               (12)  the name, mailing address, and telephone number
  of the association's managing agent, if any;
               (13)  the association's current operating budget and
  balance sheet; and
               (14)  a statement of all fees associated with the
  transfer of ownership, including a description of each fee, to whom
  each fee is paid, and the amount of each fee.
         SECTION 4.  Section 207.001(2), Property Code, is amended to
  read as follows:
               (2)  "Dedicatory instrument," "property owners'
  association," and "restrictive covenant" have the meanings
  assigned by Section 209.002 [202.001].
         SECTION 5.  Section 207.002, Property Code, is amended to
  read as follows:
         Sec. 207.002.  APPLICABILITY. (a)  This chapter applies to
  a subdivision with a property owners' association that is entitled
  to levy regular or special assessments.
         (b)  This chapter does not apply to a condominium council of
  owners governed by Chapter 81 or a condominium unit owners'
  association governed by Chapter 82.
         SECTION 6.  Section 209.002, Property Code, is amended by
  amending Subdivision (4-a) and adding Subdivision (13) to read as
  follows:
               (4-a)  "Development period" means a period stated in a
  declaration during which a declarant reserves:
                     (A)  a right to facilitate the development,
  construction, and marketing of the subdivision; or [and]
                     (B)  a right to direct the size, shape, and
  composition of the subdivision.
               (13)  "Verified mail" means any method of mailing for
  which evidence of mailing is provided by the United States Postal
  Service or a common carrier.
         SECTION 7.  Section 209.003(d), Property Code, is amended to
  read as follows:
         (d)  This chapter does not apply to a condominium as defined
  [development governed] by Section 81.002 or 82.003 [Chapter 82].
         SECTION 8.  Section 209.0041, Property Code, is amended by
  amending Subsection (h) and adding Subsection (h-1) to read as
  follows:
         (h)  Except as provided by Subsection (h-1) [this
  subsection], a declaration may be amended only by a vote of 67
  percent of those entitled to vote on the amendment of the
  declaration [the total votes allocated to property owners in the
  property owners' association], in addition to any governmental
  approval required by law.
         (h-1)  If the declaration contains a lower percentage than
  prescribed by Subsection (h), the percentage in the declaration
  controls.
         SECTION 9.  Section 209.0051, Property Code, is amended by
  amending Subsections (b), (c-1), and (h) and adding Subsection
  (c-2) to read as follows:
         (b)  In this section, "board [:
               [(1)  "Board] meeting":
               (1) [(A)]  means a deliberation between a quorum of the
  voting board of the property owners' association, or between a
  quorum of the voting board and another person, during which
  property owners' association business is considered and the board
  takes formal action; and
               (2) [(B)]  does not include the gathering of a quorum
  of the board at a social function unrelated to the business of the
  association or the attendance by a quorum of the board at a
  regional, state, or national convention, ceremonial event, or press
  conference, if formal action is not taken and any discussion of
  association business is incidental to the social function,
  convention, ceremonial event, or press conference.
               [(2)     "Development period" means a period stated in a
  declaration during which a declarant reserves:
                     [(A)     a right to facilitate the development,
  construction, and marketing of the subdivision; and
                     [(B)     a right to direct the size, shape, and
  composition of the subdivision.]
         (c-1)  Except for a meeting held by electronic or telephonic
  means under Subsection (c-2) [(h)], a board meeting must be held in
  a county in which all or part of the property in the subdivision is
  located or in a county adjacent to that county.
         (c-2)  A board meeting may be held by electronic or
  telephonic means provided that:
               (1)  each board member may hear and be heard by every
  other board member;
               (2)  except for any portion of the meeting conducted in
  executive session:
                     (A)  all owners in attendance at the meeting may
  hear all board members; and
                     (B)  owners are allowed to listen using any
  electronic or telephonic communication method used or expected to
  be used by a board member to participate; and
               (3)  the notice of the meeting includes instructions
  for owners to access any communication method required to be
  accessible under Subdivision (2)(B).
         (h)  Except as provided by this subsection, a [A] board may
  take action outside of a meeting [meet by any method of
  communication], including voting by electronic or [and] telephonic
  means, without prior notice to owners under Subsection (e), if each
  board member is given a reasonable opportunity to express the board
  member's opinion to all other board members and to vote [director
  may hear and be heard by every other director, or the board may take
  action by unanimous written consent to consider routine and
  administrative matters or a reasonably unforeseen emergency or
  urgent necessity that requires immediate board action]. Any action
  taken without notice to owners under Subsection (e) must be
  summarized orally, including an explanation of any known actual or
  estimated expenditures approved at the meeting, and documented in
  the minutes of the next regular or special board meeting. The board
  may not, unless done in an open meeting for which [without] prior
  notice was given to owners under Subsection (e), consider or vote
  on:
               (1)  fines;
               (2)  damage assessments;
               (3)  initiation of foreclosure actions;
               (4)  initiation of enforcement actions, excluding
  temporary restraining orders or violations involving a threat to
  health or safety;
               (5)  increases in assessments;
               (6)  levying of special assessments;
               (7)  appeals from a denial of architectural control
  approval; [or]
               (8)  a suspension of a right of a particular owner
  before the owner has an opportunity to attend a board meeting to
  present the owner's position, including any defense, on the issue;
               (9)  lending or borrowing money;
               (10)  the adoption or amendment of a dedicatory
  instrument;
               (11)  the approval of an annual budget or the approval
  of an amendment of an annual budget that increases the budget by
  more than 10 percent;
               (12)  the sale or purchase of real property;
               (13)  the filling of a vacancy on the board;
               (14)  the construction of capital improvements other
  than the repair, replacement, or enhancement of existing capital
  improvements; or
               (15)  the election of an officer.
         SECTION 10.  Section 209.0056, Property Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  For an election or vote taken at a meeting of the owners,
  not [Not] later than the 10th day or earlier than the 60th day
  before the date of the [an] election or vote, a property owners'
  association shall give written notice of the election or vote to:
               (1)  each owner of property in the property owners'
  association, for purposes of an association-wide election or vote;
  or
               (2)  each owner of property in the property owners'
  association entitled under the dedicatory instruments to vote in a
  particular representative election, for purposes of a vote that
  involves election of representatives of the association who are
  vested under the dedicatory instruments of the property owners'
  association with the authority to elect or appoint board members of
  the property owners' association.
         (a-1)  For an election or vote of owners not taken at a
  meeting, the property owners' association shall give notice of the
  election or vote to all owners entitled to vote on any matter under
  consideration. The notice shall be given not later than the 20th
  day before the latest date on which a ballot may be submitted to be
  counted.
         SECTION 11.  Section 209.0057, Property Code, is amended by
  amending Subsections (b), (c), and (d) and adding Subsections
  (b-1), (b-2), (b-3), and (b-4) to read as follows:
         (b)  Any owner may, not later than the 15th day after the
  later of the date of any [the] meeting of owners at which the
  election or vote was held or the date of the announcement of the
  results of the election or vote, require a recount of the votes.  A
  demand for a recount must be submitted in writing either:
               (1)  by verified [certified] mail[, return receipt
  requested,] or by delivery by the United States Postal Service with
  signature confirmation service to the property owners'
  association's mailing address as reflected on the latest management
  certificate filed under Section 209.004; or
               (2)  in person to the property owners' association's
  managing agent as reflected on the latest management certificate
  filed under Section 209.004 or to the address to which absentee and
  proxy ballots are mailed.
         (b-1)  The property owners' association must estimate the
  costs for performance of the recount by a person qualified to
  tabulate votes under Subsection (c) and must send an invoice for the
  estimated costs to the requesting owner at the owner's last known
  address according to association records not later than the 20th
  day after the date the association receives the owner's demand for
  the recount.
         (b-2)  The owner demanding a recount under this section must
  pay the invoice described by Subsection (b-1) in full to the
  property owners' association on or before the 30th day after the
  date the invoice is sent to the owner.
         (b-3)  If the invoice described by Subsection (b-1) is not
  paid by the deadline prescribed by Subsection (b-2), the owner's
  demand for a recount is considered withdrawn and a recount is not
  required.
         (b-4)  If the estimated costs under Subsection (b-1) are
  lesser or greater than the actual costs, the property owners'
  association must send a final invoice to the owner on or before the
  30th business day after the date the results of the recount are
  provided. If the final invoice includes additional amounts owed by
  the owner, any additional amounts not paid to the association
  before the 30th business day after the date the invoice is sent to
  the owner may be added to the owner's account as an assessment. If
  the estimated costs exceed the final invoice amount, the owner is
  entitled to a refund. The refund shall be paid to the owner at the
  time the final invoice is sent under this subsection.
         (c)  Following receipt of payment under Subsection (b-2),
  the [The] property owners' association shall, at the expense of the
  owner requesting the recount, retain for the purpose of performing
  the recount[,] the services of a person qualified to tabulate votes
  under this subsection.  The association shall enter into a contract
  for the services of a person who:
               (1)  is not a member of the association or related to a
  member of the association board within the third degree by
  consanguinity or affinity, as determined under Chapter 573,
  Government Code; and
               (2)  is:
                     (A)  a current or former:
                           (i)  county judge;
                           (ii)  county elections administrator;
                           (iii)  justice of the peace; or
                           (iv)  county voter registrar; or
                     (B)  a person agreed on by the association and
  each person [the persons] requesting the recount.
         (d)  On [Any recount under Subsection (b) must be performed
  on] or before the 30th day after the date of receipt of [a request
  and] payment for a recount in accordance with Subsection (b-2), the
  recount must be completed and the property owners' association must
  provide each owner who requested the recount with notice of the
  results of the recount [Subsections (b) and (c)]. If the recount
  changes the results of the election, the [property owners']
  association shall reimburse the requesting owner for the cost of
  the recount not later than the 30th day after the date the results
  of the recount are provided. [The property owners' association
  shall provide the results of the recount to each owner who requested
  the recount.] Any action taken by the board in the period between
  the initial election vote tally and the completion of the recount is
  not affected by any recount.
         SECTION 12.  Section 209.0058, Property Code, is amended by
  amending Subsections (a) and (c) and adding Subsections (a-1) and
  (d) to read as follows:
         (a)  Except as provided by Subsection (d), a [Any] vote cast
  [in an election or vote] by a member of a property owners'
  association must be in writing and signed by the member if the vote
  is cast:
               (1)  outside of a meeting;
               (2)  in an election to fill a position on the board;
               (3)  on a proposed adoption or amendment of a
  dedicatory instrument;
               (4)  on a proposed increase in the amount of a regular
  assessment or the proposed adoption of a special assessment; or
               (5)  on the proposed removal of a board member.
         (a-1)  If a property owners' association elects to use a
  ballot for a vote on a matter other than a matter described by
  Subsection (a), the ballot must be:
               (1)  in writing and signed by the member; or
               (2)  cast by secret ballot in accordance with
  Subsection (d).
         (c)  In a property owners' association [an association-wide]
  election, written and signed ballots are not required for
  uncontested races.
         (d)  A property owners' association may adopt rules to allow
  voting by secret ballot by association members. The association
  must take measures to reasonably ensure that:
               (1)  a member cannot cast more votes than the member is
  eligible to cast in an election or vote; and
               (2)  the association counts each vote cast by a member
  that the member is eligible to cast.
         SECTION 13.  Section 209.00591, Property Code, is amended by
  adding Subsection (a-1) and amending Subsection (c) to read as
  follows:
         (a-1)  Notwithstanding any other provision of this chapter,
  a property owners' association's bylaws may require one or more
  board members to reside in the subdivision subject to the
  dedicatory instruments but may not require all board members to
  reside in that subdivision. A requirement described by this
  subsection is not applicable during the development period.
         (c)  The declaration may provide for a period of declarant
  control of the association during which a declarant, or persons
  designated by the declarant, may appoint and remove board members
  and the officers of the association, other than board members or
  officers elected by members of the property owners' association.  
  Regardless of the period of declarant control provided by the
  declaration, on or before the 120th day after the date 75 percent of
  the lots that may be created and made subject to the declaration are
  conveyed to owners other than a declarant or a builder in the
  business of constructing homes who purchased the lots from the
  declarant for the purpose of selling completed homes built on the
  lots, at least one-third of the board members must be elected by
  owners other than the declarant.  If the declaration does not
  include the number of lots that may be created and made subject to
  the declaration, at least one-third of the board members must be
  elected by owners other than the declarant not later than the 10th
  anniversary of the date the declaration was recorded.
         SECTION 14.  Section 209.00592, Property Code, is amended by
  amending Subsection (a) and adding Subsections (a-1) and (b-1) to
  read as follows:
         (a)  Subject to Subsection (a-1), the [The] voting rights of
  an owner may be cast or given:
               (1)  in person or by proxy at a meeting of the property
  owners' association;
               (2)  by absentee ballot in accordance with this
  section;
               (3)  by electronic ballot in accordance with this
  section; or
               (4)  by any method of representative or delegated
  voting provided by a dedicatory instrument.
         (a-1)  Except as provided by this subsection, unless a
  dedicatory instrument provides otherwise, a property owners'
  association is not required to provide an owner with more than one
  voting method.  An owner must be allowed to vote by absentee ballot
  or proxy.
         (b-1)  For purposes of Subsection (b), a nomination taken
  from the floor in a board member election is not considered an
  amendment to the proposal for the election.
         SECTION 15.  Section 209.00593, Property Code, is amended by
  adding Subsections (a-1), (a-2), and (a-3) and amending Subsection
  (d) to read as follows:
         (a-1)  At least 10 days before the date a property owners'
  association composed of more than 100 lots disseminates absentee
  ballots or other ballots to association members for purposes of
  voting in a board member election, the association must provide
  notice to the association members soliciting candidates interested
  in running for a position on the board. The notice must contain
  instructions for an eligible candidate to notify the association of
  the candidate's request to be placed on the ballot and the deadline
  to submit the candidate's request. The deadline may not be earlier
  than the 10th day after the date the association provides the notice
  required by this subsection.
         (a-2)  The notice required by Subsection (a-1) must be:
               (1)  mailed to each owner; or
               (2)  provided by:
                     (A)  posting the notice in a conspicuous manner
  reasonably designed to provide notice to association members:
                           (i)  in a place located on the association's
  common property or, with the property owner's consent, on other
  conspicuously located privately owned property within the
  subdivision; or
                           (ii)  on any Internet website maintained by
  the association or other Internet media; and
                     (B)  sending the notice by e-mail to each owner
  who has registered an e-mail address with the association.
         (a-3)  An association described by Subsection (a-1) shall
  include on each absentee ballot or other ballot for a board member
  election the name of each eligible candidate from whom the
  association received a request to be placed on the ballot in
  accordance with this section.
         (d)  This section does not apply to the appointment of a
  board member during a development period.  [In this subsection,
  "development period" means a period stated in a declaration during
  which a declarant reserves:
               [(1)     a right to facilitate the development,
  construction, and marketing of the subdivision; and
               [(2)     a right to direct the size, shape, and
  composition of the subdivision.]
         SECTION 16.  Section 209.00594, Property Code, is amended by
  amending Subsections (b) and (c) and adding Subsections (b-1) and
  (d) to read as follows:
         (b)  A person other than a person described by Subsection (a)
  may tabulate votes in an association election or vote [but may not
  disclose to any other person how an individual voted].
         (b-1)  A person who tabulates votes under Subsection (b) or
  who performs a recount under Section 209.0057(c) may not disclose
  to any other person how an individual voted.
         (c)  Notwithstanding any other provision of this chapter or
  any other law, only a person [other than a person] who tabulates
  votes under Subsection (b) or who performs a recount under Section
  209.0057(c)[, including a person described by Subsection (a),] may
  be given access to the ballots cast in the election or vote [only as
  part of a recount process authorized by law].
         (d)  This section may not be construed to affect a person's
  obligation to comply with a court order for the release of ballots
  or other voting records.
         SECTION 17.  Section 209.006, Property Code, is amended to
  read as follows:
         Sec. 209.006.  NOTICE REQUIRED BEFORE ENFORCEMENT ACTION.
  (a)  Before a property owners' association may suspend an owner's
  right to use a common area, file a suit against an owner other than a
  suit to collect a regular or special assessment or foreclose under
  an association's lien, charge an owner for property damage, or levy
  a fine for a violation of the restrictions or bylaws or rules of the
  association, the association or its agent must give written notice
  to the owner by verified [certified] mail[, return receipt
  requested].
         (b)  The notice must:
               (1)  describe the violation or property damage that is
  the basis for the suspension action, charge, or fine and state any
  amount due the association from the owner; [and]
               (2)  except as provided by Subsection (d), inform the
  owner that the owner:
                     (A)  is entitled to a reasonable period to cure
  the violation and avoid the fine or suspension [unless the owner was
  given notice and a reasonable opportunity to cure a similar
  violation within the preceding six months];
                     (B)  may request a hearing under Section 209.007
  on or before the 30th day after the date [the owner receives] the
  notice was mailed to the owner; and
                     (C)  may have special rights or relief related to
  the enforcement action under federal law, including the
  Servicemembers Civil Relief Act (50 U.S.C. App. [app.] Section 501
  et seq.), if the owner is serving on active military duty;
               (3)  specify the date by which the owner must cure the
  violation if the violation is of a curable nature and does not pose
  a threat to public health or safety; and
               (4)  be sent by verified mail to the owner at the
  owner's last known address as shown on the association records.
         (c)  The date specified in the notice under Subsection (b)(3)
  must provide a reasonable period to cure the violation if the
  violation is of a curable nature and does not pose a threat to
  public health or safety.
         (d)  Subsections (a) and (b) do not apply to a violation for
  which the owner has been previously given notice under this section
  and the opportunity to exercise any rights available under this
  section in the preceding six months.
         (e)  If the owner cures the violation before the expiration
  of the period for cure described by Subsection (c), a fine may not
  be assessed for the violation.
         (f)  For purposes of this section, a violation is considered
  a threat to public health or safety if the violation could
  materially affect the physical health or safety of an ordinary
  resident.
         (g)  For purposes of this section, a violation is considered
  uncurable if the violation has occurred but is not a continuous
  action or a condition capable of being remedied by affirmative
  action. For purposes of this subsection, the nonrepetition of a
  one-time violation or other violation that is not ongoing is not
  considered an adequate remedy.
         (h)  The following are examples of acts considered uncurable
  for purposes of this section:
               (1)  shooting fireworks;
               (2)  an act constituting a threat to health or safety;
               (3)  a noise violation that is not ongoing;
               (4)  property damage, including the removal or
  alteration of landscape; and
               (5)  holding a garage sale or other event prohibited by
  a dedicatory instrument.
         (i)  The following are examples of acts considered curable
  for purposes of this section:
               (1)  a parking violation;
               (2)  a maintenance violation;
               (3)  the failure to construct improvements or
  modifications in accordance with approved plans and
  specifications; and
               (4)  an ongoing noise violation such as a barking dog.
         SECTION 18.  Section 209.0062(c), Property Code, is amended
  to read as follows:
         (c)  A property owners' association is [may] not required to
  allow a payment plan for any amount that extends more than 18 months
  from the date of the owner's request for a payment plan.  The
  association is not required to enter into a payment plan with an
  owner who failed to honor the terms of a previous payment plan
  during the two years following the owner's default under the
  previous payment plan. The association is not required to make a
  payment plan available to an owner after the period for cure
  described by Section 209.0064(b)(3) expires. The association is
  not required to allow an owner to enter into a payment plan more
  than once in any 12-month period.
         SECTION 19.  Section 209.0064(b), Property Code, is amended
  to read as follows:
         (b)  A property owners' association may not hold an owner
  liable for fees of a collection agent retained by the [property
  owners'] association unless the association first provides written
  notice to the owner by certified mail[, return receipt requested,]
  that:
               (1)  specifies each delinquent amount and the total
  amount of the payment required to make the account current;
               (2)  if the association is subject to Section 209.0062
  or the association's dedicatory instruments contain a requirement
  to offer a payment plan, describes the options the owner has to
  avoid having the account turned over to a collection agent,
  including information regarding availability of a payment plan
  through the association; and
               (3)  provides a period of at least 30 days for the owner
  to cure the delinquency before further collection action is taken.
         SECTION 20.  Section 209.009, Property Code, is amended to
  read as follows:
         Sec. 209.009.  FORECLOSURE SALE PROHIBITED IN CERTAIN
  CIRCUMSTANCES.  A property owners' association may not foreclose a
  property owners' association's assessment lien if the debt securing
  the lien consists solely of:
               (1)  fines assessed by the association;
               (2)  attorney's fees incurred by the association solely
  associated with fines assessed by the association; or
               (3)  amounts added to the owner's account as an
  assessment under Section 209.005(i) or 209.0057(b-4).
         SECTION 21.  Section 209.0091, Property Code, is amended to
  read as follows:
         Sec. 209.0091.  PREREQUISITES TO FORECLOSURE:  NOTICE AND
  OPPORTUNITY TO CURE FOR CERTAIN OTHER LIENHOLDERS. (a)  A property
  owners' association may not file an application for an expedited
  court order authorizing foreclosure of the association's
  assessment lien as described by Section 209.0092(a) or a petition
  for judicial foreclosure of the association's assessment lien as
  described by Section 209.0092(d) [foreclose a property owners'
  association assessment lien on real property by giving notice of
  sale under Section 51.002 or commencing a judicial foreclosure
  action] unless the association has:
               (1)  provided written notice of the total amount of the
  delinquency giving rise to the foreclosure to any other holder of a
  lien of record on the property whose lien is inferior or subordinate
  to the association's lien and is evidenced by a deed of trust; and
               (2)  provided the recipient of the notice an
  opportunity to cure the delinquency before the 61st day after the
  date the association mails [recipient receives] the notice
  described in Subdivision (1).
         (b)  Notice under this section must be sent by certified
  mail[, return receipt requested,] to the address for the lienholder
  shown in the deed records relating to the property that is subject
  to the property owners' association assessment lien.
         (c)  Notwithstanding any other law, notice under this
  section may be provided to any holder of a lien of record on the
  property.
         SECTION 22.  Section 209.0092, Property Code, is amended by
  amending Subsection (a) and adding Subsections (d) and (e) to read
  as follows:
         (a)  Except as provided by Subsection (c) or (d) and subject
  to Section 209.009, a property owners' association may not
  foreclose a property owners' association assessment lien unless the
  association first obtains a court order in an application for
  expedited foreclosure under the rules adopted by the supreme court
  under Subsection (b).  A property owners' association may use the
  procedure described by this subsection to foreclose any lien
  described by the association's dedicatory instruments. A property
  owners' association whose dedicatory instruments grant a right of
  foreclosure is considered to have any power of sale required by law
  as a condition of using the procedure described by this subsection.
         (d)  A property owners' association authorized to use the
  procedure described by Subsection (a) may in its discretion elect
  not to use that procedure and instead foreclose the association's
  assessment lien under court judgment foreclosing the lien and
  ordering the sale, pursuant to Rules 309 and 646a, Texas Rules of
  Civil Procedure.
         (e)  This section does not affect any right an association
  that is not authorized to use the procedure described by Subsection
  (a) may have to judicially foreclose the association's assessment
  lien as described by Subsection (d).
         SECTION 23.  Section 209.0041(a), Property Code, is
  repealed.
         SECTION 24.  (a)  Section 82.157(a), Property Code, as
  amended by this Act, applies only to a resale certificate issued on
  or after the effective date of this Act. A resale certificate
  issued before the effective date of this Act is governed by the law
  as it existed immediately before the effective date of this Act, and
  that law is continued in effect for that purpose.
         (b)  The changes in law made by this Act to Chapter 207,
  Property Code, apply only to a request for subdivision information
  made on or after the effective date of this Act and any resale
  certificate delivered in response to that request. A request for
  subdivision information made before the effective date of this Act,
  any resale certificate delivered in response to that request, and
  any request for an update of that resale certificate are governed by
  the law as it existed immediately before that date, and that law is
  continued in effect for that purpose.
         (c)  Sections 209.0041, 209.0056, 209.0057, 209.0058,
  209.00592, 209.00593, and 209.00594(c), Property Code, as amended
  by this Act, apply only to an election or vote held on or after the
  effective date of this Act. An election or vote held before the
  effective date of this Act is governed by the law as it existed
  immediately before that date, and that law is continued in effect
  for that purpose.
         (d)  Section 209.006, Property Code, as amended by this Act,
  applies only to an enforcement action taken on or after the
  effective date of this Act. An enforcement action taken before the
  effective date of this Act is governed by the law as it existed
  immediately before that date, and that law is continued in effect
  for that purpose.
         (e)  Section 209.0064, Property Code, as amended by this Act,
  applies only to a collection action taken on or after the effective
  date of this Act. A collection action taken before the effective
  date of this Act is governed by the law as it existed immediately
  before that date, and that law is continued in effect for that
  purpose.
         (f)  Section 209.0091, Property Code, as amended by this Act,
  applies only to an application or petition filed on or after the
  effective date of this Act. An application or petition filed before
  the effective date of this Act is governed by the law as it existed
  immediately before that date, and that law is continued in effect
  for that purpose.
         SECTION 25.  This Act takes effect September 1, 2015.