(a) A property owners’ association shall record in each county in which any portion of the residential subdivision is located a management certificate, signed and acknowledged by an officer or the managing agent of the association, stating:
(1) the name of the subdivision;
(2) the name of the association;
(3) the recording data for the subdivision;
(4) the recording data for the declaration and any amendments to the declaration;
(5) the name and mailing address of the association;
(6) the name, mailing address, telephone number, and e-mail address of the person managing the association or the association’s designated representative;
(7) the website address of any Internet website on which the association’s dedicatory instruments are available in accordance with Section 207.006;
(8) the amount and description of a fee or fees charged by the association relating to a property transfer in the subdivision; and
(9) other information the association considers appropriate.
(a-1) The county clerk of each county in which a management certificate is filed as required by this section shall record the management certificate in the real property records of the county and index the document as a “Property Owners’ Association Management Certificate.”
Terms Used In Texas Property Code 209.004
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Property: means real and personal property. See Texas Government Code 311.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
(b) The property owners’ association shall record an amended management certificate in each county in which any portion of the residential subdivision is located not later than the 30th day after the date the association has notice of a change in any information in the recorded certificate required by Subsection (a).
Text of subsection effective on December 01, 2021
(b-1) Not later than the seventh day after the date a property owners’ association files a management certificate for recording under Subsection (a) or files an amended management certificate for recording under Subsection (b), the property owners’ association shall electronically file the management certificate or amended management certificate with the Texas Real Estate Commission. The Texas Real Estate Commission shall only collect the management certificate and amended management certificate for the purpose of making the data accessible to the general public through an Internet website.
(c) Except as provided under Subsections (d) and (e), the property owners’ association and its officers, directors, employees, and agents are not subject to liability to any person for a delay in recording or failure to record a management certificate with a county clerk’s office or electronically file the management certificate with the Texas Real Estate Commission, unless the delay or failure is wilful or caused by gross negligence.
(d) If a property owners’ association fails to record a management certificate or an amended management certificate under this section, the purchaser, lender, or title insurance company or its agent in a transaction involving property in the property owners’ association is not liable to the property owners’ association for:
(1) any amount due to the association on the date of a transfer to a bona fide purchaser; and
(2) any debt to or claim of the association that accrued before the date of a transfer to a bona fide purchaser.
(e) A lien of a property owners’ association that fails to file a management certificate or an amended management certificate under this section to secure an amount due on the effective date of a transfer to a bona fide purchaser is enforceable only for an amount incurred after the effective date of sale. An owner is not liable for attorney’s fees incurred by a property owners’ association relating to the collection of a delinquent assessment against the owner or interest on the amount of a delinquent assessment if the attorney’s fees are incurred by the association or the interest accrues during the period a management certificate is not recorded with a county clerk or electronically filed with the Texas Real Estate Commission as required by this section.
(f) For purposes of this section, “bona fide purchaser” means:
(1) a person who pays valuable consideration without notice of outstanding rights of others and acts in good faith; or
(2) a third-party lender who acquires a security interest in the property under a deed of trust.