TX Property Code Sec. 209.0062-209.0064 require HOAs to offer payment plans of at least 3 months for delinquent assessments. Before foreclosure, the HOA must send certified mail notice with amount owed, 30-day cure period, and right to a hearing. HOAs cannot foreclose on liens consisting solely of fines or attorney fees.
Texas Property Code Sections 209.0062 through 209.0064 govern HOA assessment collection in Fort Worth. Before taking enforcement action for unpaid assessments, the association must send written notice by certified mail stating the amount owed including late fees and interest, provide a 30-day opportunity to cure, and inform the owner of their right to a hearing under Sec. 209.007. The HOA must offer a payment plan of at least 3 months for delinquent owners. The plan may include interest and reasonable collection costs but may not include attorney fees unless the owner defaults on the plan. An HOA may deny a payment plan only if the owner failed to honor a previous plan within the preceding two years. Under Sec. 209.009, an HOA cannot foreclose if the lien consists solely of fines or attorney fees. Priority lien status for assessments is subordinate to first-lien mortgage holders. Regular and special assessments must be authorized as provided in the CC&Rs.
Unpaid assessments accrue late fees and interest per the CC&Rs. The HOA may file a lien, pursue collections, and ultimately foreclose (subject to Sec. 209.009 restrictions). Delinquent owners may be reported to credit agencies after proper Sec. 209.006 notice.
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