New Texas Laws Real Estate

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The following is a summary of the bills passed during the 2011 Texas legislative session that affect real estate. Please note that this summary does not include every new law relating to property; it is simply a summary of some important changes.

landlord-tenant-Residential Certificate occupancy HB 1862 assigns responsibility to the landlord to housing certificate is revoked by the city or county for the failure of the landlord to maintain housing. The landlord is responsible for the total amount of security deposit the tenant, the relative part of any lease payments paid by the tenant and the tenant’s actual damages involving the transfer costs, charges utility connection settings, storage fees, lost wages, and attorney fees.

Organizations land owner (Hoas and COAS)

· Collections and Foreclosures HB 1228 requires certain Poas accept and file reasonable guidelines allow owners to make partial payments for delinquent assessments. The law also regulates foreclosure liens and responsible use of collection agents. Finally, the bill requires the Texas Supreme Court to adopt rules for speed foreclosure proceedings.

· Flags HB 2779 prohibits Poa approval or enforce limits on display in the United States, Texas, or military flags, unless allowed by law (ex. Normal restrictions on flags, flagpoles. Light and noise).

· solar panels HB 362 prohibits Poa from limiting solar devices, but allow the statue. The law also prohibits Poa architectural review committees withholding approval of solar devices unless the device interferes significantly with the use and enjoyment of the land.

ad valorem tax protest HB 1887 provides that before the default owner who disputes the assessed value of their property need only pay taxes due to the portion of the assessed value that is not in the dispute in order to preserve his right to have the assessed amount adjusted by the Appraisal Review Board (ARB).

ad valorem tax ARB hearings SB 1546 changes the Tax Code Section 41.45 (EL) by providing that agent property owner is not to appear on assessment review board (ARB) hearing is now entitled to a new hearing in the same way as a property owner who does not seem such a hearing.

co-owners of residential SB 1368 allows certain co-owners of property to provide a declaration of office County Clerk to establish authority to act as agent for the business partner in order to enter liens flights inducer, mater calendar and the deed of trust.

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