Tex.
Prop. Code 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 in the following order of priority:(1)
any delinquent assessment;(2)
any current assessment;(3)
any reasonable attorney’s fees or reasonable third party collection costs incurred by the association associated solely with assessments or any other charge that could provide the basis for foreclosure;(4)
any reasonable attorney’s fees incurred by the association that are not subject to Subdivision (3);(5)
any reasonable fines assessed by the association; and(6)
any other reasonable amount owed to the association.(b)
If, at the time the property owners’ association receives a payment from a property owner, the owner is in default under a payment plan entered into with the association:(1)
the association is not required to apply the payment in the order of priority specified by Subsection (a); and(2)
in applying the payment, a fine assessed by the association may not be given priority over any other amount owed to the association.
Source:
Section 209.0063 — Priority of Payments, https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm#209.0063 (accessed May 26, 2025).
