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.
“All such assessments, together with interest, costs, and reasonable attorney's fees, shall be a charge on the land and shall be secured by a continuing vendor's and contractual lien upon the Lot against which each such assessment is made.”
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).