Texas Property Code

§ 207.003 — DELIVERY OF SUBDIVISION INFORMATION TO OWNER

PR § 207.003Title 11. RESTRICTIVE COVENANTS · Ch. 207. DISCLOSURE OF INFORMATION BY PROPERTY OWNERS' ASSOCIATIONS

Statute text

(a)Not later than the 10th business day after the date a written request for subdivision information is received from an owner or the owner's agent, a purchaser of property in a subdivision or the purchaser's agent, or a title insurance company or its agent acting on behalf of the owner or purchaser and the evidence of the requestor's authority to order a resale certificate under Subsection (a-1) is received and verified, the property owners' association shall deliver to the owner or the owner's agent, the purchaser or the purchaser's agent, or the title insurance company or its agent:

(1)a current copy of the restrictions applying to the subdivision;

(2)a current copy of the bylaws and rules of the property owners' association; and

(3)a resale certificate prepared not earlier than the 60th day before the date the certificate is delivered that complies with Subsection (b). (a-1) For a request from a purchaser of property in a subdivision or the purchaser's agent, the property owners' association may require the purchaser or purchaser's agent to provide to the association, before the association begins the process of preparing or delivers the items listed in Subsection (a), reasonable evidence that the purchaser has a contractual or other right to acquire property in the subdivision.

(b)A resale certificate under Subsection (a) must contain:

(1)a statement of any right of first refusal, other than a right of first refusal that is prohibited by statute, and any other restraint contained in the restrictions or restrictive covenants that restricts the owner's right to transfer the owner's property;

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Legislative history

Acts 2009, 81st Leg., R.S., Ch. 147 (S.B. 1918), Sec. 1, eff. September 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. 1142 (H.B. 1821), Sec. 4, eff. January 1, 2012. Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 6, eff. September 1, 2021.