Realtors fighting to protect private property rights

KNIEPER REAL ESTATE

Pam Knieper, Broker/Owner of Knieper Real Estate, is and has been the #1 Top Producer for more than 15 years in Hood County and running. She is known as the Waterfront Expert and the Authority on Real Estate.

In an earlier article I mentioned some of the things REALTORS® are passionate about beyond just selling houses. Today I would like to expand on our strong political involvement. Texas REALTORS®, independently and as an Association, frequently take the lead in grassroot engagements. An amazing sight is when we as a statewide association participate in REALTOR® Day at the Texas Capitol, literally thousands of REALTORS® converging on the state capital to meet with elected representatives and voice support for legislation designed to protect private property rights.

I bring this up because we (Texas REALTORS®) recently scored a big win concerning Mandatory Homeowners Associations. I live in a neighborhood managed by an HOA, I love it, and I suspect that a large percentage of the readers of this publication live in neighborhoods with HOA’s as well.  The enforcement of Deed Restrictions, maintaining amenities and common grounds are all critical to protecting property values, and for that reason alone HOA’s serve an essential role in our quality of life.  However, because the majority of HOA’s are governed by volunteers, the more intricate details of bookkeeping and finances are often turned over to third party management companies, who until recently operated with little to no oversight.

As an example, Resale Certificates are required by the Texas Property Code when selling property in an HOA, and many of these third party companies have been charging home sellers astronomical prices to complete a two-page document, taking a minimum of 10 days to deliver, and charging a rush fee if needed sooner.

REALTOR® backed Senate Bill 1588 which went into effect Sept. 1, 2021, caps those fees at $375.  Additionally, HOA’s that have a least 60 lots or a contract with a third party management company are now required to maintain a website with management certificates, meeting information and notifications making it possible for homeowners to have easy access to what is going on in their HOA. Another big plus contained in this bill is new protection from negative credit reporting when a fine or fee is in dispute. Now HOA’s will be required to give a detailed report of the charges and offer a payment plan to the property owner before reporting delinquencies, and if you value your privacy, you will like this change. HOA’s can no longer require a copy of your lease agreement and can only request tenants names, contact information, and the start and end dates of the lease agreement.

One more item and then I promise to stop bragging. This one is about Eminent Domain Reform. House Bill 2730, another successful REALTOR® backed issue, was designed to make the process of Eminent Domain a fairer and more equitable one.  Among other things it improves the landowner bill of rights owners receive with or before an initial offer, and it created a penalty for land agents that act unethically and make lowball offers to landowners.

I love being a TEXAS REALTOR®. We are a proud group of professionals committed to giving back to our community in so many ways. If you would like more information about this article or if you have questions about buying or selling Real Estate, please give us a call at 817-219-0456. We love talking about Real Estate and would love to talk to you.

pamK@knieperteam.com | 817-219-0456