Real Estate / 1 min read
The collection process for property owner's association assessments has been amended and extended. Section 209.0094 of the Texas Property Code outlines the procedure for notice requirements and filing an assessment lien. This section was amended by HB 886 to include a longer time period and method of communication requirements. As of September 1, 2023, the procedure is now a bit more nuanced with a 120-day time period requirement.
Notice Requirements
Before a property owners' association can file an assessment lien, it must comply with specific notice requirements. Now, the property owners' association must send two notices of delinquency throughout a 120-day time period by specific communication methods.
Per Section 209.0094, the first notice of delinquency must be provided by first class mail to the property owner's last known mailing address, as reflected in records maintained by the association, or by e-mail to an e-mail address the property owner has provided to the property owners' association. The second notice of delinquency must be provided by certified mail, return receipt requested, to the property owner's last known mailing address, as reflected in the records maintained by the association, not earlier than the 30th day after the first notice is given.
Filing the Assessment Lien
The property owners' association must then wait 90 days after the second notice was sent to the property owner before filing an assessment lien. After the 90 days are up, the property owners' association may then file the assessment lien.
The entirety of Section 209 of the Texas Property Code is publicly available here. Link here - https://statutes.capitol.texas.gov/SOTWDocs/PR/htm/PR.209.htm