82R6617 AJA-D
By: Dutton H.B. No. 1228
A BILL TO BE ENTITLED
AN ACT
relating to foreclosure of a property owners' association
assessment lien.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 209, Property Code, is amended by adding
Section 209.0091 to read as follows:
Sec. 209.0091. PREREQUISITES TO FORECLOSURE: NOTICE AND
OPPORTUNITY TO CURE FOR CERTAIN OTHER LIENHOLDERS. (a) A property
owners' association may not foreclose a property owners'
association assessment lien on real property by giving notice of
sale under Section 51.002 or commencing a judicial foreclosure
action 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:
(A) is first in priority; or
(B) if the assessment lien is first in priority,
is next in priority to the assessment lien; and
(2) provided the recipient of the notice an
opportunity to cure the delinquency before the 61st day after the
date the recipient receives the notice.
(b) Notice under this section must be sent by certified
mail, return receipt requested, 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.
SECTION 2. The change in law made by this Act applies only
to a notice of sale given under Section 51.002, Property Code, on or
after the effective date of this Act or a judicial foreclosure
action commenced on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2011.