McKinney HOAs must follow TX Property Code ยง209.0064 for assessment collection: certified mail notice of default, 30-day cure period, payment plan offer, and strict prerequisites before foreclosure, which requires court order under ยง209.0092.
Before an HOA can take action on unpaid assessments, it must send a ยง209.0064 notice by certified and first-class mail itemizing the delinquency, describing cure options, and offering a payment plan of at least 3 months (not required if owner defaulted on a prior plan within 2 years). Late fees and interest must be reasonable and authorized by the declaration. A non-judicial HOA foreclosure is no longer allowed in Texas; ยง209.0092 requires a court order expedited procedure, and owners have 180 days post-sale right of redemption under ยง209.011. Priority of HOA liens is junior to purchase-money mortgages.
Failure to follow ยง209.0064 notice voids foreclosure and exposes HOA to damages and attorney's fees. Misuse of late fees may be recovered by owner.
See how other cities in Collin County handle assessment & dues.
See how McKinney's assessment & dues rules stack up against other locations.
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