Tarrant County HOAs levy assessments under TX Property Code 209. Collection follows 209.0062 payment plans, 209.008 attorneys fees limits, and 209.009 foreclosure limits barring fines-only foreclosure.
HOAs in Tarrant County subdivisions derive assessment authority from the recorded Declaration of Covenants, Conditions, and Restrictions (CCRs). Regular assessments fund common-area maintenance, insurance, reserves, and management, while special assessments cover extraordinary expenses and generally require member approval under the declaration or Texas Property Code Chapter 209. Under 209.0062, an HOA must adopt a reasonable payment plan policy allowing delinquent owners to pay over at least 3 months before accelerating the debt or foreclosing. Texas Property Code 209.008 limits recoverable attorneys fees in collection actions and requires the HOA to give a 209.0064 notice of delinquency and an opportunity to enter a payment plan before imposing legal fees. Critically, Texas Property Code 209.009 prohibits HOA foreclosure solely for unpaid fines or for assessment liens under $2,000 that are older than 4 years, and HB 614 (2023) further tightened fine-related notice requirements. Condominium associations are governed by TX Property Code 82.113, which allows foreclosure for delinquent assessments with stricter notice requirements. Assessments become a lien on the property when recorded as provided by the declaration, and the lien has priority as specified in the CCRs, subject to first-lien mortgage priority under most declarations.
HOAs that violate 209.0062 payment plan rules or 209.008 attorneys fees limits may have collection claims reduced or dismissed and be ordered to pay the owner's attorneys fees. Foreclosing in violation of 209.009 (e.g., for unpaid fines only) can void the foreclosure and expose the HOA to wrongful foreclosure damages. Owners who refuse to pay valid assessments face lien filing, late fees, attorneys fees subject to statutory limits, and in severe cases, judicial foreclosure.
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