Texas Statutes
Chapter 209 - Texas Residential Property Owners Protection Act
Section 209.0091. Prerequisites to Foreclosure: Notice and Opportunity to Cure for Certain Other Lienholders

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

Texas Statutes

Property Code

Title 11 - Restrictive Covenants

Chapter 209 - Texas Residential Property Owners Protection Act

Section 209.001. Short Title

Section 209.002. Definitions

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 209.0055. Voting

Section 209.0056. Notice of Election or Association Vote

Section 209.0057. Recount of Votes

Section 209.0058. Ballots

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 209.0091. Prerequisites to Foreclosure: Notice and Opportunity to Cure for Certain Other Lienholders

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

Section 209.017. Justice Court Jurisdiction