Sec. 209.0091. PREREQUISITES TO FORECLOSURE: NOTICE AND OPPORTUNITY TO CURE FOR CERTAIN OTHER LIENHOLDERS. (a) A property owners' association may not file an application for an expedited court order authorizing foreclosure of the association's assessment lien as described by Section 209.0092(a) or a petition for judicial foreclosure of the association's assessment lien as described by Section 209.0092(d) unless the association has:
(1) provided written notice of the total amount of the delinquency giving rise to the foreclosure to any other holder of a lien of record on the property whose lien is inferior or subordinate to the association's lien and is evidenced by a deed of trust; and
(2) provided the recipient of the notice an opportunity to cure the delinquency before the 61st day after the date the association mails the notice described in Subdivision (1).
(b) Notice under this section must be sent by certified mail to the address for the lienholder shown in the deed records relating to the property that is subject to the property owners' association assessment lien.
(c) Notwithstanding any other law, notice under this section may be provided to any holder of a lien of record on the property.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1282 (H.B. 1228), Sec. 2, eff. January 1, 2012.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 21, eff. September 1, 2015.
Structure Texas Statutes
Title 11 - Restrictive Covenants
Chapter 209 - Texas Residential Property Owners Protection Act
Section 209.003. Applicability of Chapter
Section 209.004. Management Certificates
Section 209.0041. Adoption or Amendment of Certain Dedicatory Instruments
Section 209.0042. Methods of Providing Notices to Owners
Section 209.005. Association Records
Section 209.00505. Architectural Review Authority
Section 209.0051. Open Board Meetings
Section 209.0052. Association Contracts
Section 209.0056. Notice of Election or Association Vote
Section 209.0057. Recount of Votes
Section 209.0059. Right to Vote
Section 209.00591. Board Membership
Section 209.00592. Voting; Quorum
Section 209.00593. Election of Board Members
Section 209.00594. Tabulation of and Access to Ballots
Section 209.006. Notice Required Before Enforcement Action
Section 209.0062. Alternative Payment Schedule for Certain Assessments
Section 209.0063. Priority of Payments
Section 209.0064. Third Party Collections
Section 209.0065. Credit Reporting Services
Section 209.007. Hearing Before Board; Alternative Dispute Resolution
Section 209.008. Attorney's Fees
Section 209.009. Foreclosure Sale Prohibited in Certain Circumstances
Section 209.0092. Judicial Foreclosure Required
Section 209.0093. Removal or Adoption of Foreclosure Authority
Section 209.0094. Assessment Lien Filing
Section 209.010. Notice After Foreclosure Sale
Section 209.011. Right of Redemption After Foreclosure
Section 209.012. Restrictive Covenants Granting Easements to Certain Property Owners' Associations
Section 209.014. Mandatory Election Required After Failure to Call Regular Meeting
Section 209.015. Regulation of Land Use: Residential Purpose
Section 209.016. Regulation of Residential Leases or Rental Agreements