Tex. Prop. Code 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 Section 209.0092 (Judicial Foreclosure Required)(a) or a petition for judicial foreclosure of the association’s assessment lien as described by Section 209.0092 (Judicial Foreclosure Required)(d) 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 is inferior or subordinate to the association’s lien and is evidenced by a deed of trust; and

(2)

provided the recipient of the notice an opportunity to cure the delinquency before the 61st day after the date the association mails the notice described in Subdivision (1).

(b)

Notice under this section must be sent by certified mail 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.

(c)

Notwithstanding any other law, notice under this section may be provided to any holder of a lien of record on the property.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1282 (H.B. 1228), Sec. 2, eff. January 1, 2012.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 21, eff. September 1, 2015.

Source: Section 209.0091 — Prerequisites to Foreclosure: Notice and Opportunity to Cure for Certain Other Lienholders, https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­209.­htm#209.­0091 (accessed Apr. 20, 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. 20, 2024

§ 209.0091’s source at texas​.gov