Texas Notice of Lien to a Condominium Unit Owner for Unpaid Assessment Fees

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Multi-State
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US-01120BG
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Word; 
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Description

A condominium is a combination of co-ownership and individual ownership. Those who own an apartment house or buy a condominium are co-owners of the land and of the halls, lobby, and other common areas, but each apartment in the building is individually owned by its occupant. Either in the bylaws of the condominium association, the declaration of condominium filed in the land records of the county where the condominium is located, or in some other document, there will be an agreement among the unit owners regulating the administration and maintenance of the property, including payment of assessments by the owners.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

A property owners' association can foreclose on the lien and trigger the sale of the property. The ability to create assessment liens is a power that is not automatically granted by Texas law. It must be specifically stated in the Declaration of Covenants, Conditions, and Restrictions.

A homeowners association cannot evict a homeowner the same way that a landlord can evict a tenant.

What is the Texas statute of limitations on collecting HOA debt? 4 years. The statute of limitations periods for HOA claims are different for every state.

Duties and powers of an HOA's board, granted under the TPC and the community's declaration, include enforcing covenants, adopting budgets, assessing and collecting member fees, appointing of agents to act on the association's behalf, maintaining of commons areas, and acting on behalf of the association in legal matters ...

The last resort in an attempt to collect overdue money owed to a property owners' association is an assessment lien. A property owners' association can foreclose on the lien and trigger the sale of the property. The ability to create assessment liens is a power that is not automatically granted by Texas law.

The HOA can use the unpaid assessments as the basis for their homeowner's association lien and initiate foreclosure proceedings. Any unpaid fees can bring an assessments lien that leads to foreclosure. HOAs in Houston, Texas, must file a lawsuit against the homeowner to obtain a foreclosure against its lien.

Effective September 1, 2023, HB 1193 instates a paradigm shift by mandating that Texas associations abandon any restrictions predicated on a tenant's payment method. This landmark change liberates property owners from limitations grounded in payment mode.

In Texas, all homeowners' associations are governed by the Texas Residential Property Owners Protection Act. This document lists out all the rules and regulations that all HOAs must follow. Condominium associations are governed by a separate law called the Uniform Condominium Act.

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Texas Notice of Lien to a Condominium Unit Owner for Unpaid Assessment Fees