81R10628 AJA-D
By: Olivo H.B. No. 3017
A BILL TO BE ENTITLED
AN ACT
relating to the procedures for payment of property owners'
association assessments and related costs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 209, Property Code, is amended by adding
Section 209.0081 to read as follows:
Sec. 209.0081. PRIORITY OF PAYMENTS. Unless otherwise
provided in writing by the property owner at the time a payment is
made, 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 attorney's fees incurred by the association
associated solely with assessments or any other charge that could
provide the basis for foreclosure;
(4) any fines assessed by the association;
(5) any attorney's fees incurred by the association
that are not subject to Subdivision (3); and
(6) any other amount owed to the association.
SECTION 2. Section 209.0081, Property Code, as added by
this Act, applies only to a payment received by a property owners'
association on or after the effective date of this Act. A payment
received by a property owners' association before the effective
date of this Act is governed by the law in effect immediately before
the effective date of this Act, and that law is continued in effect
for that purpose.
SECTION 3. This Act takes effect September 1, 2009.