SF7 (Texas)
Posts: 9
Posts: 9
Posted:
Our community is made up of town homes (less than 40), and the dedicatory instrument was filed in 2007. Does this mean well fall under Chapter 209 of the Texas Code?
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Texas Property Code Chapter 209
Started by SF7 • 4 replies • 864 views
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BarbaraT1 (Texas)
Posts: 821
Posts: 821
Posted:
209 applies to any mandatory property owners association that is not a condominium. Size and date of filing are irrelevant.
SF7 (Texas)
Posts: 9
Posts: 9
Posted:
Quote:
Posted By BarbaraT1 on 05/16/2018 10:46 AM
209 applies to any mandatory property owners association that is not a condominium. Size and date of filing are irrelevant.
209 applies to any mandatory property owners association that is not a condominium. Size and date of filing are irrelevant.
Thank you!
BillH10 (Texas)
Posts: 1,217
Posts: 1,217
Posted:
Barbara is correct but be aware the legislature made significant changes to Chapter 209 during the 2011 session and has enacted other changes in the years since except last year. Many of those changes will have impacted your documents dated 2007. Ensure you are using the most current version found at:
http://www.statutes.legis.state.tx.us/SOTWDocs/PR/htm/PR.209.htm
If you have not previously done so, it may be prudent to contact an attorney who specializes in HOA law and have him or her review your documents for actions you should take, or at least consider, and processes you should implement, especially regarding past due accounts, collections, and the required offering of payment plans.
There is also a book written by a Texas attorney who specializes in HOA and condominium law. It is a handy reference. You can probably find it by searching on Texas HOA law reference book or some such.
http://www.statutes.legis.state.tx.us/SOTWDocs/PR/htm/PR.209.htm
If you have not previously done so, it may be prudent to contact an attorney who specializes in HOA law and have him or her review your documents for actions you should take, or at least consider, and processes you should implement, especially regarding past due accounts, collections, and the required offering of payment plans.
There is also a book written by a Texas attorney who specializes in HOA and condominium law. It is a handy reference. You can probably find it by searching on Texas HOA law reference book or some such.
SF7 (Texas)
Posts: 9
Posts: 9
Posted:
Thank you Bill!
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