Bexar County HOA assessments are governed by Texas Property Code Chapter 209. Associations must offer payment plans, apply statutory payment priority, and follow strict Rule 736 procedures to foreclose homesteads.
Annual and special assessments in Bexar County HOAs are authorized by the recorded Declaration of Covenants, Conditions, and Restrictions and governed by Chapter 209 of the Texas Property Code. Under Section 209.0062, associations must adopt and make available a reasonable payment plan policy allowing delinquent owners to cure past-due assessments over time, typically 3 to 18 months. Section 209.0063 sets a mandatory payment priority order: funds received are applied first to delinquent assessments, then current assessments, then attorneys fees and collection costs, then fines. This prevents associations from accepting an owner's check and allocating it entirely to fines, leaving assessments unpaid to justify foreclosure. Section 209.0064 requires a written notice by certified mail before the account can be referred to an attorney for collection, giving the owner 30 days to bring the account current. Chapter 209 also limits non-judicial foreclosure of assessment liens on homesteads: an association must obtain a court order under expedited Rule 736 procedures before foreclosing on a homestead property. SB 1588 enacted in 2021 further tightened these protections.
An association that forecloses without following Chapter 209 procedures can have the sale set aside and face damages. Failing to offer a payment plan or misapplying the payment priority can be asserted as defenses in collection litigation and may support counterclaims.
See how Bexar County's assessment & dues rules stack up against other locations.
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