SB 711

Overall Vote Recommendation
Yes
Principle Criteria
neutral
Free Enterprise
positive
Property Rights
positive
Personal Responsibility
positive
Limited Government
positive
Individual Liberty
Digest
SB 711 amends the Texas Property Code, specifically provisions related to condominium unit owners’ associations and their management practices. The bill introduces a formal definition of "management company" as an entity or individual contracted to provide administrative or operational services on behalf of a condominium association governed by Chapter 82 of the Property Code. This clarifies the role of third-party management firms in condominium governance.

A significant provision of SB 711 is the requirement that certain condominium associations make their governing documents—referred to as dedicatory instruments—available online. This applies to associations with at least 60 units or any association that has engaged a management company. These documents must be posted on a website maintained by either the association or its management company and must be accessible to all members of the association. This requirement increases transparency and ensures that unit owners and prospective buyers can easily access the rules that govern their communities.

The bill also revises the content requirements for management certificates, which associations must record with county clerks. New requirements include listing the website where the governing documents can be accessed, the contact information for any contracted management company, and a disclosure of fees charged to unit buyers or sellers during a property transfer. These updates ensure that stakeholders—particularly new and prospective homeowners—are fully informed about the financial and administrative structure of the association.

Overall, SB 711 aims to enhance transparency, improve homeowner access to important information, and foster accountability in the governance of larger condominium communities or those managed by third-party firms.
Author (1)
Bryan Hughes
Co-Author (1)
Royce West
Sponsor (4)
Chris Turner
Jared Patterson
Stan Gerdes
Salman Bhojani
Co-Sponsor (1)
Janie Lopez
Fiscal Notes

According to the Legislative Budget Board (LBB), no fiscal implication to the State of Texas is anticipated. The Texas Real Estate Commission (TREC), which may interact with or provide oversight in matters related to property owners’ associations, is a self-directed, semi-independent agency. As such, it operates outside of the traditional legislative budgeting process and is statutorily prohibited from imposing any costs on the state’s General Revenue Fund. Therefore, implementation of the bill is not expected to generate new expenses or require additional appropriations at the state level.

Likewise, the bill is not projected to have a fiscal impact on local government entities. The obligations established by SB 711—such as the online publication of dedicatory instruments and expanded requirements for management certificates—apply specifically to private condominium associations and their management companies rather than state or local governmental bodies. Consequently, the legislation does not impose any new mandates or financial responsibilities on local governments.

In summary, SB 711 is a regulatory transparency measure that enhances access to information for property owners without necessitating public expenditures. It maintains fiscal neutrality for both state and local governments.

Vote Recommendation Notes

SB 711 is a well-calibrated extension of earlier pro-property owner reforms (notably SB 1588 from the 87th Legislature) and reflects considerable efforts aimed at improving transparency and accountability within property owners’ associations—particularly condominium associations. The bill modernizes statutory requirements by mandating that associations with either 60+ units or a contracted management company must publish dedicatory instruments online, thereby granting unit owners easier and more consistent access to governance documents.

In addition to enhancing public access, SB 711 expands the disclosure obligations within management certificates filed with county clerks and the Texas Real Estate Commission (TREC), ensuring that prospective buyers are informed about applicable fees and management structures. This is a notable step toward empowering individual property owners and promoting transparency in housing transactions—both key components of protecting individual liberty and property rights.

The bill also introduces practical governance provisions. It clarifies that associations may fill architectural review authority vacancies with otherwise ineligible individuals only after a public solicitation of candidates has occurred and no eligible parties remain. It further allows associations to regulate fencing to preserve access to easements, with reasonable carveouts for safety-sensitive individuals (e.g., law enforcement personnel or those with confidentiality protections). These additions reflect a balanced approach—preserving the autonomy of associations while safeguarding individual property rights and due process.

Importantly, SB 711 imposes no fiscal impact on state or local governments, avoids expanding government authority, and strengthens rather than weakens private contractual governance. The bill is tightly scoped, non-intrusive, and promotes fairness in private community management. For these reasons, it aligns with liberty-oriented legislative principles, and Texas Policy Research recommends that lawmakers vote YES on SB 711.

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