89R2056 CS-F     By: Bumgarner H.B. No. 4265       A BILL TO BE ENTITLED   AN ACT   relating to the violation of certain laws and provisions of   governing instruments by, and the recall by property owners of, a   property owners' association board member.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 209, Property Code, is amended by adding   Sections 209.00595 and 209.018 to read as follows:          Sec. 209.00595.  RECALL OF BOARD MEMBERS. (a) Owners   holding at least 20 percent of all voting interests in a property   owners' association may petition the association and require a   special meeting to be called for the sole purpose of conducting a   recall election to recall a member of the board. The petition may   not name more than one board member to be subject to recall. Each   owner signing the petition shall provide the owner's printed name   and residential address and the date the owner signs the petition.   The petition must be sent by certified mail, return receipt   requested, to the registered agent of the property owners'   association and to the association at the address for the   association according to the most recently filed management   certificate.          (b)  Not later than the 90th day after the date the property   owners' association receives the petition, the association shall   hold a meeting for the sole purpose of conducting the recall   election.          (c)  If the majority of votes received in a recall election   are for the recall of the named board member, the member's position   on the board becomes vacant immediately. The board shall fill the   vacancy as provided by Section 209.00593.          Sec. 209.018.  BOARD MEMBER VIOLATION OF CHAPTER OR   DEDICATORY INSTRUMENT. (a)  An owner may bring an action against a   property owners' association for a violation of this chapter or a   provision of the association's dedicatory instruments by a board   member acting in the board member's official capacity.  The owner   may file a petition against the association with the justice of the   peace of a justice precinct in which all or part of the property   that is governed by the association is located requesting relief   under this section.          (b)  If the justice of the peace finds that the board member   violated this chapter or a dedicatory instrument while acting   individually or with other board members, the justice of the peace   may grant one or more of the following remedies:                (1)  a judgment ordering the property owners'   association to immediately remove the board member from the board;                (2)  a judgment against the property owners'   association for damages incurred by the owner resulting from the   violation; or                (3)  a judgment authorizing the owner to deduct the   amounts awarded to the owner under Subdivision (2) or Subsection   (c) from any future regular or special assessments payable to the   property owners' association.          (c)  The prevailing party in an action under this section is   entitled to a judgment for court costs and reasonable attorney's   fees incurred by the party in connection with the action.          (d)  On or before the 10th business day before the date an   owner brings an action against a property owners' association under   this section, the owner must send written notice to the association   of the owner's intent to bring the action.  The notice must:                (1)  be sent certified mail, return receipt requested,   or delivered by the United States Postal Service with signature   confirmation service to the mailing address of the association or   authorized representative as reflected on the most current   management certificate filed under Section 209.004; and                (2)  describe with sufficient detail the alleged   violation.          (e)  For the purposes of this section, "business day" means a   day other than Saturday, Sunday, or a state or federal holiday.          SECTION 2.  Section 209.018, Property Code, as added by this   Act, applies only to a violation that occurs on or after the   effective date of this Act.  A violation that occurs before the   effective date of this Act is governed by the law as it existed   immediately before the effective date of this Act, and that law is   continued in effect for that purpose.  For purposes of this section,   a violation occurred before the effective date of this Act if any   element of the violation occurred before that date.          SECTION 3.  This Act takes effect September l, 2025.