HB 1812
AN ACT relating to the maintenance and use of common areas owned by a
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
Requires property owners' associations (HOAs) to maintain and regulate common areas consistently with how they expect individual homeowners to maintain their own properties. If an HOA fails to maintain common areas according to the standards set in their own subdivision documents, homeowners can take legal action and potentially recover attorney's fees. The law aims to ensure fair and equal maintenance standards across residential communities, giving homeowners a legal mechanism to hold HOAs accountable for property upkeep.
Bill Text
relating to the maintenance and use of common areas owned by a BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 209, Property Code, is amended by adding Section 209.018 to read as follows: Sec. 209.018. MAINTENANCE AND USE OF ASSOCIATION COMMON AREAS. (a) A property owners' association shall maintain and regulate the use of all common areas owned by the association, including the necessary fixtures and personal property related to the common areas, according to any provisions or restrictions in the residential subdivision's dedicatory instruments regulating the owner's maintenance or use of similar areas, fixtures, and personal property related to the owner's residence or lot. (b) If a property owners' association violates this section, an owner is entitled to recover from or against the (3) reasonable attorney's fees incurred by the owner in seeking enforcement of this section. SECTION 2. This Act takes effect September 1, 2025.
Bill Sponsors
Legislators who authored or co-sponsored this bill.
Bill History
Bill filed: AN ACT relating to the maintenance and use of common areas owned by a
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