Texas: ACC Applications and Unpaid Assessments

Started by LindaR15 • 4 replies • 507 views

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LindaR15 (Texas)
Posts: 2

Posted:

Does anyone have any experience or insight concerning the denial of ACCs from property owners who have outstanding assessment fee balances? Our Board has voted to deny requests from those who are not current on their assessment fees. Our CCRs state that the annual assessment is considered a lien on the property and therefore is the authorization to pursue collection including foreclosure. They further state the property owner is considered to not be a member in good standing as long as the assessment is outstanding. We were established in 1970. I’m thinking this is standard language for most HOAs. Our Board is trying to find every tool we can to motivate property owners who are delinquent. I thought I’d ask here, before we spend money (we don’t have) on an opinion from our attorney.

Thanks,
Linda

AugustinD
Posts: 3,698

Posted:

If this is a non-condo Texas HOA, then by my reading of TPC 209, the HOA cannot take away the owner's right to submit and potentially receive approval for ACC applications. Following proper notice and a hearing, and per TPC 209, the HOA can suspend the owner's right to use the common areas; bring suit; impose a fine (possibly only when the Declaration permits fines); or bill an owner for damage to the common area. See https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm

LindaR15 (Texas)
Posts: 2

Posted:

Yes, we are a single family dwelling HOA. Thanks for your help. I appreciate it!
Linda

TimB4 (Tennessee)
Posts: 21,059

Posted:

In my opinion, the lack of payment and requests for exterior changes are two different issues and one should not be conditional on the other.

Consider requests on their merits.

Take appropriate actions for late assessments (a notice from an attorney goes a long way).

BenA2 (Texas)
Posts: 1,273

Posted:

I think you could not deny an ACC request for delinquent assessments unless your deed restrictions specifically give you that authority.

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