Assessment collection and lien enforcement clause omits 45-day certified mail cure notice, HB 886 pre-lien dual notices, and Rule 736 court order before foreclosure.
“Upon default for thirty (30) days, the Board may direct the Association's Trustee to sell the Lot at public auction via non-judicial foreclosure pursuant to Section 51.002 of the Texas Property Code without prior judicial order.”
Why It’s Flagged
Tex. Prop. Code §§ 209.0062, 209.0064, 209.0092 & 209.0094
- § 209.0064: Requires certified mail notice, a 3-month payment plan (§ 209.0062), and a 45-day cure window before charging collection fees or credit reporting.
- § 209.0094 (HB 886): Requires two delinquency notices (the second by certified mail 30+ days later) and a 90-day wait before recording an assessment lien.
- § 209.0092 & § 209.009: Prohibits foreclosure without a Rule 736 court order and bars foreclosing liens consisting solely of fines or fine-related legal fees.
Sample Discussion Wording for HOA Counsel
For Board & Counsel Review
Assessment collection and lien enforcement shall strictly comply with Tex. Prop. Code §§ 209.0062–209.0094:
- 1Sending certified mail notice with a 45-day cure window and payment plan offer before charging collection fees or reporting to credit bureaus (§ 209.0064).
- 2Satisfying the dual-notice and 90-day waiting period before recording an assessment lien under HB 886 (§ 209.0094).
- 3Obtaining a court order under Tex. R. Civ. P. 736 prior to any expedited foreclosure (§ 209.0092).
- 4Never foreclosing a lien consisting solely of fines or fine-related attorney's fees (§ 209.009).