Tue April 5, 2011
Senate to Pass Bill Regulating Homeonwners' Associations
Homeowners’ associations might not be able to turn the heat anymore on homeowners.
The Texas Senate passed SB 142, which restricts associations from exercising their rights to foreclose homeowners who didn’t pay dues and fees.
The bill, filed by State Senator Royce West (D-Dallas), aims to protect homeowners from potential abuse of foreclosure, especially on the families of soldiers serving overseas.
According to the bill, the associations are able to foreclose on unpaid homeowners only after obtaining “a court order in an application for expedited foreclosure under the rules adopted by the Supreme Court. ”
The legislation also prevents HOAs from keeping homeowners from installing solar devices, unless it “threatens the public health or safety” or “is located on property owned or maintained by the property owners’ association. ”
The proposal now moves to the Texas House for consideration.