Texas Property Code governs HOA assessments, requiring notice before liens and limiting foreclosure. HOAs must send at least two written notices before filing a lien, and cannot foreclose for fines alone under most circumstances.
Under Texas Property Code Chapter 209, an HOA must give at least two written notices by certified mail before filing a lien for unpaid assessments. The first notice must inform the owner of the delinquent amount and provide at least 30 days to cure. If unpaid, a second notice of intent to file a lien must be sent, giving another 30 days. A property owners' association may not foreclose on a property solely for fines or penalties; foreclosure requires unpaid assessments plus the fines. Special assessments typically require a membership vote per the bylaws. Late fees must be reasonable and disclosed in the association's collection policy. Interest on unpaid assessments cannot exceed the rate stated in the governing documents, or 18% per annum if not specified.
Unpaid assessments result in a lien on the property. After proper notice, the HOA may pursue judicial or non-judicial foreclosure (limited by SB 1588 restrictions). Late fees and attorney fees are added to the delinquent balance.
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