Question:
In Texas, what are the legal steps for citing a homeowner with a violation to the Board sending the account to legal for collections?
– Rick
Answer:
Hi Rick,
In Texas, homeowners associations must adhere to specific legal procedures when addressing violations and pursuing collections. First, the HOA provides a written notice to the homeowner, detailing the violation, relevant governing documents, and corrective actions required. This notice gives the homeowner a chance to resolve the issue. If unresolved, the HOA sends a certified mail notice at least 30 days before imposing fines or further enforcement actions, per Texas Property Code Section 209.006.
Homeowners can request a hearing with the board to discuss the violation. After the notice period and hearing, if the issue persists, the HOA may impose fines as outlined in its documents. If fines or assessments go unpaid, the HOA sends a certified mail notice with an itemized statement of the debt, any payment plan options, and at least 30 days to cure the delinquency, as required by Section 209.0064 of the Texas Property Code.
If unpaid, the HOA may then refer the account to collections or legal action, which could include filing a lien or initiating foreclosure based on the situation and HOA documents. Compliance with these steps ensures lawful enforcement and protects homeowners’ rights.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
