Bexar County, TX HOA Rules: Assessment & Dues (2026)
Key Facts
- Governing Statute
- TX Property Code 209.0062 to 209.0064
- Payment Plan
- Required policy
- Payment Priority
- Assessments before fines
- Pre-Collection Notice
- 30 days certified mail
- Homestead Foreclosure
- Rule 736 court order required
Summary
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.
Sec. 209.002. DEFINITIONS. (1) 'Assessment' means a regular assessment, special assessment, or other amount a property owner is required to pay a property owners' association under the dedicatory instrument or by law. ... (8) 'Regular assessment' means an assessment, a charge, a fee, or dues that each owner of property within a residential subdivision is required to pay to the property owners' association on a regular basis. ... (12) 'Special assessment' means an assessment, a charge, a fee, or dues, other than a regular assessment, that each owner of property located in a residential subdivision is required to pay to the property owners' association.
Full Breakdown
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. 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. 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.
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.
Violations & Fines
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.
Frequently Asked Questions
Can my Bexar County HOA apply my check to fines before assessments?
Can my HOA foreclose on my home for unpaid dues?
Sources & Official References
Other rules in Bexar County
Texas rules heatmap·Compare Bexar County to another location·View the Texas hoa rules overview
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