HBA-TBM H.B. 2685 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2685
By: Bosse
Business & Industry
4/5/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, a property owners' association (association) has the
ability to obtain a judgment against a homeowner for unpaid association
maintenance fees and to sell the home at public auction to satisfy that
judgment.  The average homeowner may be unaware of the power an association
has over their home. House Bill 2685 sets forth provisions for the
redemption of a home by the owner after foreclosure and limits the amount
of attorney's fees an association may include in a property lien.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2685 amends the Property Code to limit the amount of attorney's
fees a property owners' association (association) may include in the
indebtedness covered by an association lien in a foreclosure. This
provision does not prevent an association from recovering or collecting
attorney's fees in excess of the limitation by other means provided by law.
The bill provides that a person who purchases property at a sale
foreclosing an association lien (foreclosure sale) must commence and
prosecute a forcible entry and detainer action to recover possession of the
property from any previous owner in possession of the property.  The bill
authorizes the owner of property in a residential subdivision to redeem the
property from any purchaser at a foreclosure sale within a specified time
period.  The bill prohibits a person who purchases property at a
foreclosure sale from transferring ownership of the property to a person
other than a redeeming property owner during the redemption period.  The
bill specifies the amount a property owner must pay to the purchaser to
redeem property purchased at a foreclosure sale.   

EFFECTIVE DATE

September 1, 2001.