On March 8, 2013, Texas Rep. Ruth Jones-McClendon filed her proposed HOA oversight HB 3803 bill, which relates “to the municipal and county regulation of and the oversight by the Attorney General of Property Owners Associations and Unit owners’ associations, providing penalties.”
If this proposed bill passes, this will be the first time non-profit HOA corporations will be monitored by the attorney general’s office. This is exactly where the oversight should take place as this is who homeowners first contact when they have a homeowner association complaint. Currently, however, the Texas Attorney General’s Office has no authority to intervene in homeowner association issues and homeowners end up seeking a solution in the court system which is costly. This will change January 1, 2014, if this proposed HB 3803 bill passes.
This proposed bill will also protect senior citizens still living in their homesteads, regardless of whether or not they live in single-family dwellings or condo facilities. Not only will the attorney general be empowered to “institute an action for injunctive or declaratory relief,” “the attorney general may institute an action for civil penalties against a property owners’ association and its agents.” A civil penalty assessment may not exceed “$20,000 per violation; and if the act or practice that is the subject of the proceeding was calculated to acquire or deprive money or other property from an owner who was 65 years of age or older when the act or practice occurred, an additional amount of not more than $250,000” can be assessed.
The National Homeowners Advocate Group, LLC is asking all homeowners living in the state of Texas to contact your legislator and ask them to support this proposed HB 3803 bill when it comes up for a vote. Legislators want to know how they can better serve their constituents and are here to serve us better. It would also be advisable to ask other legislators to support this proposed bill as well.
Additionally, the national group is asking each reader of this article to share this article with your family members, business associates, friends and your mail list and social media friends to spread the word on this new proposed HB 3803 bill to ensure its successful passage into a new 2014 law.
Following is the link to the bill so that you can read it for yourself—go to the Text tab next to history once on the legislative webpage—all the information pertaining to this bill is located at the link below:
If you do not know who your legislators are, please go to the link below and insert your address into the “Who Represents Me?” section of the webpage–third column, toward the bottom:
Bringing a proposed bill into law takes some action on homeowners’ part. We, as homeowners, must not only let our legislators know that we want them to vote on the proposed bills we prefer, we also must show up at hearings as witnesses to testify before a committee to give our reasons for the support. Just like we vote to ensure the legislators we want in office get into office, we also must physically become a part of the hearing process for the proposed bills we want to become law.
If we are unable to attend the hearings in Austin at the Capitol, you can write the committee holding the hearing or fax a letter of support to the chairperson of the committee.
The National Homeowners Advocate Group, LLC will do its best to keep the public aware of future hearing times for the proposed HB 3803 bill. However, the public can set up their personal alerts from the following link by setting up a “login” account on the legislative website so that they can be added to the alert list and bill list of the proposed HB 3803:
Together we can make a big difference in what laws governed our homesteads in the state of Texas. This is another legislative session in which we can put forth a little effort for a big outcome.
We look forward to seeing you at the future hearing for Rep. Ruth Jones-McClendon’s proposed HB 3803 bill. Let us continue to protect our homesteads. Homeowners Unitedtm!!
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