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Relating to the powers and duties of certain property owners' associations.
No significant fiscal implication to the State is anticipated.
SB 1588 would modify existing law regarding property owners' associations in a variety of ways. Among other things, the bill caps certain fees that may be imposed by an association, enacts restrictions on who can serve on an architectural review committee, requires associations to file a management certificate with the Texas Real Estate Commission to create a database of property owners' associations, and exempts property owners from liability for certain legal fees if the association fails to file the required management certificate with TREC.
Texas Action opposes SB 1588 because it violates our limited-government principle. It is not the government's proper role to dictate the terms under which a property owners' association operates. Property owners' associations are private entities with rules that are agreed to as a condition of membership. Members generally have power to change the rules by garnering sufficient support among association members and do not need the state to intervene on their behalf.
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