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.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1282 (H.B. 1228), Sec. 2, eff. January 1, 2012.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 15, eff. September 1, 2021.

Source: Section 209.0063 — Priority of Payments, https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­209.­htm#209.­0063 (accessed Apr. 13, 2024).

209.001
Short Title 209.002
Definitions 209.003
Applicability of Chapter 209.004
Management Certificates 209.005
Association Records 209.006
Notice Required Before Enforcement Action 209.007
Hearing Before Board 209.008
Attorney’s Fees 209.009
Foreclosure Sale Prohibited in Certain Circumstances 209.010
Notice After Foreclosure Sale 209.011
Right of Redemption After Foreclosure 209.012
Restrictive Covenants Granting Easements to Certain Property Owners’ Associations 209.013
Authority of Association to Amend Dedicatory Instrument 209.014
Mandatory Election Required After Failure to Call Regular Meeting 209.015
Regulation of Land Use: Residential Purpose 209.016
Regulation of Residential Leases or Rental Agreements 209.017
Justice Court Jurisdiction 209.0041
Adoption or Amendment of Certain Dedicatory Instruments 209.0042
Methods of Providing Notices to Owners 209.0051
Open Board Meetings 209.0052
Association Contracts 209.0055
Voting 209.0056
Notice of Election or Association Vote 209.0057
Recount of Votes 209.0058
Ballots 209.0059
Right to Vote 209.0061
Association Policy 209.0062
Alternative Payment Schedule for Certain Assessments 209.0063
Priority of Payments 209.0064
Third Party Collections 209.0065
Credit Reporting Services 209.0091
Prerequisites to Foreclosure: Notice and Opportunity to Cure for Certain Other Lienholders 209.0092
Judicial Foreclosure Required 209.0093
Removal or Adoption of Foreclosure Authority 209.0094
Assessment Lien Filing 209.00505
Architectural Review Authority 209.00591
Board Membership 209.00592
Voting 209.00593
Election of Board Members 209.00594
Tabulation of and Access to Ballots
Green check means up to date. Up to date

Accessed:
Apr. 13, 2024

§ 209.0063’s source at texas​.gov