Texas Property Code Chapter 209 governs HOA assessment collection in Austin. Before filing a lien for unpaid assessments, the HOA must provide a written 30-day notice of delinquency including the amount owed, late fees, and the owner's right to a payment plan. HOAs must offer repayment over at least 3 months. Foreclosure requires a court order and is prohibited if the debt is solely fines or attorney's fees.
Under Texas Property Code Chapter 209, HOAs in Austin levy regular and special assessments as outlined in their governing documents. Before pursuing collection, the association must send a written notice of delinquency specifying the total amount owed including principal, interest, late fees, and reasonable attorney's fees, plus a description of the owner's right to request a payment plan. Section 209.0062 requires the HOA to offer a payment plan allowing repayment over at least 3 months. The HOA may not accelerate the full balance of assessments due solely because of a delinquency. Assessment liens may be filed against the property, but foreclosure on an assessment lien requires a court order under Section 209.0092. An HOA cannot foreclose if the debt consists solely of fines or attorney's fees. Interest on delinquent assessments cannot exceed the rate stated in the governing documents or the maximum rate under Texas Finance Code. Regular assessments may be increased according to the association's bylaws, which typically require a membership vote for increases above a certain threshold. The HOA must also file a management certificate with the county clerk under Section 209.004.
Failure to pay assessments can result in late fees, interest, lien filing, and ultimately foreclosure (with court order). However, the HOA must first provide a 30-day written notice and offer a payment plan of at least 3 months. Owners who dispute assessments can pursue alternative dispute resolution under Section 209.0071.
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