Continued from page 5
Two other changes in HB 274 permit interlocutory appeals of controlling questions of law and the tightening a perceived loophole in defendants' designation of responsible third parties.
HB 362 — Solar Devices and Roofing Materials: A property owners' association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from installing a solar energy device or installing shingles on the roof, subject to certain installation restrictions.
HB 1228 — Collection of POA Assessments and Foreclosure of Lien: A Property Owners Association consisting of more than 14 lots shall adopt guidelines to establish a payment schedule by which an owner can make partial payments for delinquent regular or special assessments or other sums due the POA. Such guidelines shall be filed with the County Clerk. Moreover, before a POA can foreclose an assessment lien, it must provide notice to the property owner and an opportunity to cure the default. If the assessment remains unpaid, foreclosure of the lien may only be obtained by judicial foreclosure.
HB 1456 — Statutory Lien Waivers: A waiver and/or release of mechanic's and materialmen's lien regarding work performed or materials supplied on a construction project is unenforceable unless it substantially complies with the new statutorily promulgated forms. Any agreement purporting to waive the right to file or enforce any lien claim is void as against public policy.
HB 1711 — Disaster Remediation Contracts: Subject to certain limitations, a person who engages in disaster remediation for compensation (i.e., the removal, cleaning, sanitizing, demolition, or reconstruction because of damage caused by a natural disaster) must provide a new contractual disclosure and are subject to certain restrictions on the payment of the contract price.
HB 2093 — Indemnity Bill: A provision in a construction contract or in a collateral agreement affecting a construction contract is void and unenforceable to the extent it requires an indemnitor to indemnify, hold harmless or defend a party against a claim caused by the negligence or fault of the indemnitee. For example, a general contractor cannot require the subcontractor to indemnify the general
6 GREATER DFW METROPLEX BUILDING SAVVY MAGAZINE Vol 4 2011
contractor for the general contractor's own negligence. Additionally, the requirement to provide additional insured coverage is unenforceable to the extent it requires coverage for prohibited indemnifications. This bill does not affect a single family house, townhouse, duplex or land development directly related thereto.
HB 2376 — Regulation of Plumbing: A person may not design a multipurpose residential fire protection sprinkler system for installation unless the person is licensed as a master plumber and holds the endorsement required by the Texas Occupations Code.
HB 2507 — Installation of Irrigation Systems: A person who installs an irrigation system without holding a license issued under Chapter 37 of the Texas Water Code now commits an offense punishable as a Class C misdemeanor.
HB 2779 — Regulation of Display of Flags: A POA may not, except as provided in the bill, enforce a dedicatory instrument that prohibits, restricts, or has the effect of prohibiting or restricting the display of the flag of the United States, Texas or an official replica of any branch of the U.S. armed forces. The bill provides for the adoption and enforcement of reasonable restrictions on how the flags are mounted, maintained, and displayed.
HB 3389 — Disclosure regarding Natural or Liquid Propane: A seller of real property must now disclose to the purchaser whether the property has liquid propane gas or natural gas. This requirement does not apply to the sale of a new residence of not more than one dwelling unit that has not previously been occupied for residential purposes.
SB 14 — Voter ID Bill: Any citizen of Texas offering to vote must present to an election officer at the polling station one form of identification, such as a Texas driver's license or personal identification card issued by the Texas Department of Public Safety, United States military ID card, US passport, citizenship certificate, license to carry a concealed handgun or election identification certificate.
SB 539 — Award of Attorneys' Fees Regarding Foreclosure of Lien: In any proceeding to foreclose a lien, enforce a claim against a bond, or to declare a lien invalid or unenforceable, the Court shall award
LEGAL PERSPECTIVE
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24