Texas Property Code 207.004 – Owner’s Remedies for Failure by Property Owners’ Association to Timely Deliver Information
(a) If a property owners’ association does not timely deliver information in accordance with § 207.003, the owner, owner’s agent, or title insurance company or its agent acting on behalf of the owner may submit a second request for the information.
(b) If a property owners’ association fails to deliver the information required under § 207.003 before the fifth business day after the second request for the information was mailed by certified mail, return receipt requested, or hand delivered, evidenced by receipt, the owner:
(1) may seek one or any combination of the following:
(A) a court order directing the property owners’ association to furnish the required information;
(B) a judgment against the property owners’ association for not more than $5,000;
(C) a judgment against the property owners’ association for court costs and reasonable attorney’s fees; or
(D) a judgment authorizing the owner or the owner’s assignee to deduct the amounts awarded under Paragraphs (B) and (C) from any future regular or special assessments payable to the property owners’ association; and
(2) may provide a buyer under contract to purchase the owner’s property an affidavit that states that the owner, owner’s agent, or title insurance company or its agent acting on behalf of the owner made, in accordance with this chapter, two written requests to the property owners’ association for the information described in § 207.003 and that the association did not timely provide the information.
Terms Used In Texas Property Code 207.004
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
- Contract: A legal written agreement that becomes binding when signed.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Property: means real and personal property. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) If the owner provides a buyer under contract to purchase the owner’s property an affidavit in accordance with Subsection (b)(2):
(1) the buyer, lender, or title insurance company or its agent is not liable to the property owners’ association for:
(A) any money that is due and unpaid to the property owners’ association on the date the affidavit was prepared; and
(B) any debt to the property owners’ association or claim by the property owners’ association that accrued before the date the affidavit was prepared; and
(2) the property owners’ association’s lien to secure the amounts due the property owners’ association on the owner’s property on the date the affidavit was prepared shall automatically terminate.