HOA assessments follow TX Property Code Chapter 209, requiring payment plans for delinquent owners, written notice before liens, and annual financial disclosures.
Regular and special assessments are the primary funding mechanism for homeowners associations in Corpus Christi. The authority to levy assessments comes from the associations recorded declaration (CC&Rs) and is governed by Texas Property Code Chapter 209. The declaration specifies the annual assessment amount or the method for calculating it, and the board adopts an annual budget that determines each owners share. Special assessments for unexpected expenses or capital improvements may require a membership vote depending on the governing documents. Chapter 209 imposes important protections for homeowners regarding collection of delinquent assessments. Before filing a lien, the association must provide written notice of the amount owed and allow the owner at least 30 days to cure the delinquency. The association must offer a reasonable payment plan, with a minimum repayment period of three months. Late fees are permitted but must be reasonable and authorized by the governing documents. Interest on unpaid assessments cannot exceed the rate specified in the declaration or, if none is specified, the statutory rate. Before pursuing nonjudicial foreclosure for unpaid assessments, the association must follow the notice and hearing procedures in Sections 209.006 and 209.0091-209.0092, including a final notice by certified mail at least 30 days before the foreclosure sale. Texas law prohibits associations from foreclosing solely for fines (as opposed to assessments). The board must provide annual financial statements to the membership, and owners may request access to financial records under the open-records provisions of Chapter 209.
Contact your local code enforcement office for specific penalty information.
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