Bill Text: TX HB1228 | 2011-2012 | 82nd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to payment and collection of assessments and other charges owed to a property owners' association and foreclosure of a property owners' association assessment lien.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2011-06-17 - See remarks for effective date [HB1228 Detail]
Download: Texas-2011-HB1228-Introduced.html
Bill Title: Relating to payment and collection of assessments and other charges owed to a property owners' association and foreclosure of a property owners' association assessment lien.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2011-06-17 - See remarks for effective date [HB1228 Detail]
Download: Texas-2011-HB1228-Introduced.html
82R6617 AJA-D | ||
By: Dutton | H.B. No. 1228 |
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relating to foreclosure of a property owners' association | ||
assessment lien. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 209, Property Code, is amended by adding | ||
Section 209.0091 to read as follows: | ||
Sec. 209.0091. PREREQUISITES TO FORECLOSURE: NOTICE AND | ||
OPPORTUNITY TO CURE FOR CERTAIN OTHER LIENHOLDERS. (a) A property | ||
owners' association may not foreclose a property owners' | ||
association assessment lien on real property by giving notice of | ||
sale under Section 51.002 or commencing a judicial foreclosure | ||
action 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: | ||
(A) is first in priority; or | ||
(B) if the assessment lien is first in priority, | ||
is next in priority to the assessment lien; and | ||
(2) provided the recipient of the notice an | ||
opportunity to cure the delinquency before the 61st day after the | ||
date the recipient receives the notice. | ||
(b) Notice under this section must be sent by certified | ||
mail, return receipt requested, 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. | ||
SECTION 2. The change in law made by this Act applies only | ||
to a notice of sale given under Section 51.002, Property Code, on or | ||
after the effective date of this Act or a judicial foreclosure | ||
action commenced on or after the effective date of this Act. | ||
SECTION 3. This Act takes effect September 1, 2011. |