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(a)
Except as provided by Subsection (b), 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:
any delinquent assessment;
any current assessment;
any reasonable attorney’s fees or reasonable third party collection costs incurred by the association associated solely with assessments or any other charge that could provide the basis for foreclosure;
any reasonable attorney’s fees incurred by the association that are not subject to Subdivision (3);
any reasonable fines assessed by the association; and
any other reasonable amount owed to the association.
(b)
If, at the time the property owners’ association receives a payment from a property owner, the owner is in default under a payment plan entered into with the association:
the association is not required to apply the payment in the order of priority specified by Subsection (a); and
in applying the payment, a fine assessed by the association may not be given priority over any other amount owed to the association.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1282 (H.B. 1228 ), Sec. 2, eff. January 1, 2012.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588 ), Sec. 15, eff. September 1, 2021.
Source:
Section 209.0063 — Priority of Payments , https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm#209.0063 (accessed May 26, 2025).
209.001
Short Title
209.002
Definitions
209.003
Applicability of Chapter
209.004
Management Certificates
209.005
Association Records
209.006
Notice Required Before Enforcement Action
209.007
Hearing Before Board
209.008
Attorney’s Fees
209.009
Foreclosure Sale Prohibited in Certain Circumstances
209.010
Notice After Foreclosure Sale
209.011
Right of Redemption After Foreclosure
209.012
Restrictive Covenants Granting Easements to Certain Property Owners’ Associations
209.013
Authority of Association to Amend Dedicatory Instrument
209.014
Mandatory Election Required After Failure to Call Regular Meeting
209.015
Regulation of Land Use: Residential Purpose
209.016
Regulation of Residential Leases or Rental Agreements
209.017
Justice Court Jurisdiction
209.0041
Adoption or Amendment of Certain Dedicatory Instruments
209.0042
Methods of Providing Notices to Owners
209.0051
Open Board Meetings
209.0052
Association Contracts
209.0055
Voting
209.0056
Notice of Election or Association Vote
209.0057
Recount of Votes
209.0058
Ballots
209.0059
Right to Vote
209.0061
Association Policy
209.0062
Alternative Payment Schedule for Certain Assessments
209.0063
Priority of Payments
209.0064
Third Party Collections
209.0065
Credit Reporting Services
209.0091
Prerequisites to Foreclosure: Notice and Opportunity to Cure for Certain Other Lienholders
209.0092
Judicial Foreclosure Required
209.0093
Removal or Adoption of Foreclosure Authority
209.0094
Assessment Lien Filing
209.00505
Architectural Review Authority
209.00591
Board Membership
209.00592
Voting
209.00593
Election of Board Members
209.00594
Tabulation of and Access to Ballots
Up to date
Verified:
May 26, 2025
§ 209.0063. Priority of Payments's source at
texas.gov
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Location:
https://texas.public.law/statutes/tex._prop._code_section_209.0063
Original Source:
Section 209.0063 — Priority of Payments ,
https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm#209.0063
(last accessed May 10, 2025).
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Reference only — not legal advice. Verify the current official text on leg.state.fl.us before citing. Printed from Common Elements (May 22, 2026).