Sec. 209.0061.  ASSOCIATION POLICY; FINES.  (a)  This section does not apply to a property owners' association that is not authorized by the association's dedicatory instrument to levy a fine.
(b)  A property owners' association board shall adopt an enforcement policy regarding the levying of fines by the property owners' association.  The policy must include:
(1)  general categories of restrictive covenants for which the association may assess fines;
(2)  a schedule of fines for each category of violation; and
(3)  information regarding hearings described by Section 209.007.
(c)  The enforcement policy adopted pursuant to Subsection (b) may reserve the board's authority to levy a fine from the schedule of fines that varies on a case-by-case basis.
(d)  Each property owners' association shall:
(1)  provide a copy of the policy to an owner of each property in the subdivision by:
(A)  posting the policy on an Internet website maintained by the property owners' association or an agent acting on behalf of the association and accessible to members of the association; or
(B)  annually sending a copy of the policy, separately or included in routine communication from the property owners' association to property owners, by:
(i)  hand delivery to the owner;
(ii)  first class mail to the owner's last known mailing address; or
(iii)  e-mail to an e-mail address provided to the property owners' association by the owner; and
(2)  make the policy available on any publicly accessible Internet website maintained by the property owners' association or an agent acting on behalf of the association.
Added by Acts 2023, 88th Leg., R.S., Ch. 666 (H.B. 614), Sec. 1, eff. January 1, 2024.