If a property owners’ association does not timely provide required information, the owner or related agents may send a second request and, after continued delay, may seek court relief and give the buyer an affidavit.
Sec. 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 Section 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 Section 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 Section 207.003 and that the association did not timely provide the information. (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. Added by Acts 1999, 76th Leg., ch. 1198, Sec. 1, eff. Sept. 1, 1999. Amended by: Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 7, eff. September 1, 2021.