Plano HOAs levy assessments under their declaration and Texas Property Code Chapter 209. Payment-priority rules apply, payment plans must be offered, and foreclosure usually requires a court order.
Assessments are the financial backbone of Plano homeowner associations and are authorized by each community's declaration of covenants, conditions, and restrictions. Under Texas Property Code Chapter 209, assessments must be applied consistently and calculated according to the method specified in the governing documents. Section 209.0063 establishes a mandatory priority for how an HOA must apply partial payments from an owner: delinquent assessments first, then current assessments, then attorney fees and costs, then fines and other amounts. This prevents associations from steering payments toward fines first to inflate balances. Section 209.0064 requires the HOA to provide written notice of delinquency at the owner's last known address and offer a payment plan if requested, with a minimum plan length of three months and a maximum of 18 months for a first request. Late fees, interest, and collection costs must be authorized by the declaration and reasonable. Special assessments outside of the regular budget usually require a vote of the membership per the declaration. Under Section 209.0091, an HOA generally cannot foreclose on a lien for debt consisting solely of fines or attorney fees. A court order is required for non-consensual foreclosure on assessment liens under Section 209.0092, replacing the older expedited foreclosure process. Owners delinquent on assessments retain the right to vote unless the governing documents specifically suspend rights after notice and hearing. Annual financial audits or reviews are required for associations with more than 60 lots or budgets meeting thresholds.
Contact your local code enforcement office for specific penalty information.
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