Texas Property Code Title 11, Chapter 209 - Texas Residential Property Owners Protection Act
- Texas Section 209.001 - Short Title
This chapter may be cited as the Texas Residential Property Owners Protection Act. Added by Acts 2001, 77th Leg., ch. 926, Sec. 1, eff. Jan....
- Texas Section 209.002 - Definitions
In this chapter: (1) "Assessment" means a regular assessment, special assessment, or other amount a property owner is required to pay a property owners' association...
- Texas Section 209.003 - Applicability Of Chapter
(a) This chapter applies only to a residential subdivision that is subject to restrictions or provisions in a declaration that authorize the property owners' association...
- Texas Section 209.004 - Management Certificates
(a) A property owners' association shall record in each county in which any portion of the residential subdivision is located a management certificate, signed and...
- Texas Section 209.0041 - Adoption Or Amendment Of Certain Dedicatory Instruments
Sec. 209.0041. ADOPTION OR AMENDMENT OF CERTAIN DEDICATORY INSTRUMENTS. (a) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1183 , Sec. 24, eff. September 1,...
- Texas Section 209.0042 - Methods Of Providing Notices To Owners
(a) Subject to this section, a property owners' association may adopt a method that may be used by the association to provide a notice from...
- Texas Section 209.005 - Association Records
(a) Except as provided by Subsection (b), this section applies to all property owners' associations and controls over other law not specifically applicable to a...
- Texas Section 209.0051 - Open Board Meetings
(a) This section does not apply to a property owners' association that is subject to Chapter 551, Government Code, by application of Section 551.0015, Government...
- Texas Section 209.0052 - Association Contracts
(a) This section does not apply to a contract entered into by an association during the development period. (b) An association may enter into an...
- Texas Section 209.0055 - Voting
(a) This section applies only to a property owners' association that: (1) provides maintenance, preservation, and architectural control of residential and commercial property within a...
- Texas Section 209.0056 - Notice Of Election Or Association Vote
(a) For an election or vote taken at a meeting of the owners, not later than the 10th day or earlier than the 60th day...
- Texas Section 209.0057 - Recount Of Votes
(a) This section does not apply to a property owners' association that is subject to Chapter 552, Government Code, by application of Section 552.0036, Government...
- Texas Section 209.0058 - Ballots
Sec. 209.0058. BALLOTS. Text of subsection as amended by Acts 2015, 84th Leg., R.S., Ch. 249 (S.B. 864), Sec. 1 (a) Except as provided by...
- Texas Section 209.0059 - Right To Vote
(a) A provision in a dedicatory instrument that would disqualify a property owner from voting in a property owners' association election of board members or...
- Texas Section 209.00591 - Board Membership
(a) Except as provided by this section, a provision in a dedicatory instrument that restricts a property owner's right to run for a position on...
- Texas Section 209.00592 - Voting; Quorum
(a) Subject to Subsection (a-1), the voting rights of an owner may be cast or given: (1) in person or by proxy at a meeting...
- Texas Section 209.00593 - Election Of Board Members
(a) Notwithstanding any provision in a dedicatory instrument, any board member whose term has expired must be elected by owners who are members of the...
- Texas Section 209.00594 - Tabulation Of And Access To Ballots
(a) Notwithstanding any other provision of this chapter or any other law, a person who is a candidate in a property owners' association election or...
- Texas Section 209.006 - Notice Required Before Enforcement Action
(a) Before a property owners' association may suspend an owner's right to use a common area, file a suit against an owner other than a...
- Texas Section 209.0062 - Alternative Payment Schedule For Certain Assessments
(a) A property owners' association composed of more than 14 lots shall adopt reasonable guidelines to establish an alternative payment schedule by which an owner...
- Texas Section 209.0063 - Priority Of Payments
(a) Except as provided by Subsection (b), a payment received by a property owners' association from the owner shall be applied to the owner's debt...
- Texas Section 209.0064 - Third Party Collections
(a) In this section, "collection agent" means a debt collector, as defined by Section 803 of the federal Fair Debt Collection Practices Act (15 U.S.C....
- Texas Section 209.007 - Hearing Before Board; Alternative Dispute Resolution
(a) If the owner is entitled to an opportunity to cure the violation, the owner has the right to submit a written request for a...
- Texas Section 209.008 - Attorney's Fees
(a) A property owners' association may collect reimbursement of reasonable attorney's fees and other reasonable costs incurred by the association relating to collecting amounts, including...
- Texas Section 209.009 - Foreclosure Sale Prohibited In Certain Circumstances
A property owners' association may not foreclose a property owners' association's assessment lien if the debt securing the lien consists solely of: (1) fines assessed...
- Texas Section 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...
- Texas Section 209.0092 - Judicial Foreclosure Required
(a) Except as provided by Subsection (c) or (d) and subject to Section 209.009, a property owners' association may not foreclose a property owners' association...
- Texas Section 209.0093 - Removal Or Adoption Of Foreclosure Authority
A provision granting a right to foreclose a lien on real property for unpaid amounts due to a property owners' association may be removed from...
- Texas Section 209.0094 - Assessment Lien Filing
A lien, lien affidavit, or other instrument evidencing the nonpayment of assessments or other charges owed to a property owners' association and filed in the...
- Texas Section 209.010 - Notice After Foreclosure Sale
(a) A property owners' association that conducts a foreclosure sale of an owner's lot must send to the lot owner and to each lienholder of...
- Texas Section 209.011 - Right Of Redemption After Foreclosure
(a) A property owners' association or other person who purchases occupied property at a sale foreclosing a property owners' association's assessment lien must commence and...
- Texas Section 209.012 - Restrictive Covenants Granting Easements To Certain Property Owners' Associations
(a) A property owners' association may not amend a dedicatory instrument to grant the property owners' association an easement through or over an owner's lot...
- Texas Section 209.013 - Authority Of Association To Amend Dedicatory Instrument
(a) A dedicatory instrument created by a developer of a residential subdivision or by a property owners' association in which the developer has a majority...
- Texas Section 209.014 - Mandatory Election Required After Failure To Call Regular Meeting
(a) Notwithstanding any provision in a dedicatory instrument, a board of a property owners' association shall call an annual meeting of the members of the...
- Texas Section 209.015 - Regulation Of Land Use: Residential Purpose
(a) In this section: (1) "Adjacent lot" means: (A) a lot that is contiguous to another lot that fronts on the same street; (B) with...
- Texas Section 209.016 - Regulation Of Residential Leases Or Rental Agreements
(a) In this section, "sensitive personal information" means an individual's: (1) social security number; (2) driver's license number; (3) government-issued identification number; or (4) account,...
Last modified: September 28, 2016