Texas Property Code Chapter 209 governs HOA assessment collection in Dallas. Before an HOA can file a lien for unpaid assessments, it must provide a written notice of delinquency with the amount owed, late fees, and a 30-day cure period (Section 209.0062). HOAs must offer payment plans allowing repayment over at least 3 months. Foreclosure on an assessment lien requires a court order and is prohibited if the debt is solely for fines or attorney's fees.
Under Texas Property Code Chapter 209, HOAs in Dallas have the authority to levy regular and special assessments as outlined in their governing documents. Before pursuing collection, the association must send a written notice of delinquency to the owner 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 that allows the owner to pay the delinquent amount over a period of 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 on an assessment lien 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.
Failure to pay assessments can result in late fees, interest, lien filing, and ultimately foreclosure (with court order). However, the HOA must first provide 30-day written notice and offer a payment plan. Owners who dispute assessments can pursue alternative dispute resolution under Section 209.0071.
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