The statutes
§209.003(d) says this chapter does not apply to a condominium as defined by Section 81.002 or 82.003. This description is informational.
- Tex. Prop. Code § 202.006(a), § 202.006(b), and § 202.004(b). Each dedicatory instrument is recorded in the county real property records, and it has no effect until recorded. A name on a letter that differs from the recorded declaration, or an unrecorded assignment, is a records question. Section 202.004(b) is a counterpoint a lawyer may raise. It is not a finding on this page.
- Tex. Prop. Code § 209.004(a)–(c) and (b-1). The association records a management certificate and electronically files it with the Texas Real Estate Commission at hoa.texas.gov within the 7 days § 209.004(b-1) describes. During a gap the statute describes, § 209.004(c) says the owner is not liable for the association's collection attorney's fees incurred in that gap. It does not cancel an undisputed assessment.
- Tex. Prop. Code § 209.005. A certified-mail request for association books, ledgers, and governing documents goes to the address on the current recorded management certificate. The statute describes production on or before the 10th business day after receipt, or a written notice of a later date within the section. The first inquiry is one letter: the 11-item records, fee-agreement, bookkeeper, and attorney-fee request, including the five statutory express clauses. A second supplemental letter waits until follow-up after the association responds. Email and certified mail can carry that same letter. They are not two inquiries.
- Tex. Prop. Code § 209.0063(a)–(b). An accepted payment is applied to delinquent assessments, then current assessments, before attorney's fees, unless the owner is in default under a payment plan with the association.
- Tex. Prop. Code § 209.0064. Before a third-party collection referral or fee shifting, the statute describes a certified-mail, return-receipt cure notice, an itemized accounting, and at least 45 days to cure.
- Tex. Prop. Code § 209.008(a), (b), (d), (f), and (g). A written cure date before attorney's fees apply, a bar on charging one owner for another owner's fees, a written request for invoice copies, and the reasonableness and cap rules that apply to a qualifying nonjudicial sale.
- Tex. Prop. Code § 209.009. An assessment lien consisting solely of fines, attorney's fees associated solely with fines, or certain copy and recount charges may not be foreclosed.
- Tex. Prop. Code § 209.0092 and Tex. R. Civ. P. 736.1, 736.5, 736.6, 736.7, 736.8(c), and 736.11. A Chapter 209 nonjudicial sale needs a court order unless the owner waives that requirement in writing under § 209.0092(c). Rule 736.5(b) describes the Monday response date. Rule 736.6 describes a hearing after a timely response. Rule 736.11 describes an automatic stay when an independent suit putting title, the lien, or enforcement at issue is filed before 5:00 p.m. on the Monday before the sale, and a 10-day motion. Rule 736.8(c) says a Rule 736 order is without prejudice and is not preclusive in another case. A licensed Texas attorney decides whether to file.
- Tex. Prop. Code § 209.0093 and § 51.002. Courthouse-steps sale authority, and the 21-day notice posted, filed with the county clerk, and sent by certified mail before a first-Tuesday sale.
- Tex. Prop. Code § 209.0094. Before an assessment lien is recorded: a first notice by first-class mail or email, a second notice by certified mail at least 30 days later, and a 90-day wait after that second notice. It is not a 180-day wait after recording.
- Tex. Prop. Code § 209.010 and § 209.011. A certified-mail post-sale notice within 30 days, and the 180-day statutory right of redemption measured from that mailing, alongside a court challenge if the sale lacked recorded or statutory authority.
- Tex. Civ. Prac. & Rem. Code § 12.002 and §§ 16.004(a)(3), 16.051, and 16.065. Liability for a fraudulent lien or invalid claim against real property, the four-year limitations period, the residual limitations period, and a signed writing before a time-barred debt is revived.
- Tex. Fin. Code § 392.202 and §§ 392.301–392.304. A 30-day written accuracy dispute when a third-party debt collector is involved, and the bar on threatening an action the law does not allow or misstating the debt.
- Tex. Bus. Orgs. Code §§ 11.356–11.359, 11.254–11.255, 22.357, and 22.365 and Tex. Tax Code § 171.252. Wind-up of a terminated entity, franchise-tax forfeiture, nonprofit report forfeiture, and relation-back when a charter is reinstated. A reinstatement question is not a reason this page gives to withhold an undisputed assessment.
- Tex. R. Civ. P. 93(2) and (4), Rule 99(b), and Rule 216, and Tex. Gov't Code § 51.604. Verified capacity and defect-of-parties pleadings, the Monday answer time in an ordinary lawsuit, and a written jury demand with the statutory fee at least 30 days before trial. Each is a question for a licensed Texas attorney in a pending case.
- Tex. Gov't Code § 81.101(c). The self-help legal-education exemption that requires this product to say it is not a substitute for the advice of an attorney.
This product is not a substitute for the advice of an attorney.
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