| 1 | 1 | | 81R10628 AJA-D |
|---|
| 2 | 2 | | By: Olivo H.B. No. 3017 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the procedures for payment of property owners' |
|---|
| 8 | 8 | | association assessments and related costs. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Chapter 209, Property Code, is amended by adding |
|---|
| 11 | 11 | | Section 209.0081 to read as follows: |
|---|
| 12 | 12 | | Sec. 209.0081. PRIORITY OF PAYMENTS. Unless otherwise |
|---|
| 13 | 13 | | provided in writing by the property owner at the time a payment is |
|---|
| 14 | 14 | | made, a payment received by a property owners' association from the |
|---|
| 15 | 15 | | owner shall be applied to the owner's debt in the following order of |
|---|
| 16 | 16 | | priority: |
|---|
| 17 | 17 | | (1) any delinquent assessment; |
|---|
| 18 | 18 | | (2) any current assessment; |
|---|
| 19 | 19 | | (3) any attorney's fees incurred by the association |
|---|
| 20 | 20 | | associated solely with assessments or any other charge that could |
|---|
| 21 | 21 | | provide the basis for foreclosure; |
|---|
| 22 | 22 | | (4) any fines assessed by the association; |
|---|
| 23 | 23 | | (5) any attorney's fees incurred by the association |
|---|
| 24 | 24 | | that are not subject to Subdivision (3); and |
|---|
| 25 | 25 | | (6) any other amount owed to the association. |
|---|
| 26 | 26 | | SECTION 2. Section 209.0081, Property Code, as added by |
|---|
| 27 | 27 | | this Act, applies only to a payment received by a property owners' |
|---|
| 28 | 28 | | association on or after the effective date of this Act. A payment |
|---|
| 29 | 29 | | received by a property owners' association before the effective |
|---|
| 30 | 30 | | date of this Act is governed by the law in effect immediately before |
|---|
| 31 | 31 | | the effective date of this Act, and that law is continued in effect |
|---|
| 32 | 32 | | for that purpose. |
|---|
| 33 | 33 | | SECTION 3. This Act takes effect September 1, 2009. |
|---|