Texas Property Code Chapter 209 governs HOA assessments and liens. Associations with 15 or more lots must offer payment plans for overdue assessments (minimum 3-month term). Before filing a lien, the HOA must send a written notice allowing at least 30 days to cure. HOAs may foreclose on assessment liens but must follow strict notice and procedural requirements.
Under Texas Property Code Section 209.0062, a property owners' association with the authority to assess owners must follow specific procedures before placing a lien. The association must provide written notice via certified mail of the amount owed, including late fees and interest, and allow at least 30 days for payment. Associations with 15 or more lots must offer a payment plan of at least 3 months under Section 209.0063. The association may file a lien against the property for unpaid assessments, but foreclosure requires compliance with Section 209.0091 through 209.0094, including mailing a 60-day notice of intent to foreclose. Judicial foreclosure is required (non-judicial foreclosure on assessment liens is prohibited). The association cannot accelerate all future assessments upon default. As of 2021, associations must also file management certificates with both the county clerk and TREC (Texas Real Estate Commission). San Antonio does not impose additional municipal requirements on HOA assessments.
Unpaid assessments accrue late fees and interest per the CC&Rs. The HOA may file a lien and pursue judicial foreclosure after proper notice. Attorney fees may be added to the debt.
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