Bill Caption

Relating to a violation of the Texas Residential Property Owners Protection Act or a dedicatory instrument by a board member of a property owners' association.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

HB 2912 would permit a property owner to bring a civil action against a homeowner's association for any violation against the Texas Residential Property Owners Protection Act or the association's charter or governing instrument. The property owner would have to file the action against a board member acting in their official capacity and give the association notice at least 10 business days before they file.

A justice of the peace before whom such an action is brought would be able to issue a judgment removing the board member from the board, ordering the association to pay damages to the property owner, or authorizing the property owner to deduct any award given to them from future dues. If enacted, HB 2921 would entitle the prevailing party in these types of civil actions to attorney's fees and court costs.

Vote Recommendation Notes

Texas Action supports HB 2912 because it would advance individual liberty and property rights. A property owner who enters into membership of a homeowners' association ought to have a remedy when the association breaks the law or violates their own charter. HB 2921 would protect the property rights of homeowners by holding homeowners' associations accountable for breaking the law and their contractual obligations to their neighborhood.