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(a)
In this section, “collection agent” means a debt collector, as defined by Section 803 of the federal Fair Debt Collection Practices Act (15 U.S.C. Section 1692a).
(b)
A property owners’ association may not hold an owner liable for fees of a collection agent retained by the association unless the association first provides written notice to the owner by certified mail that:
specifies each delinquent amount and the total amount of the payment required to make the account current;
if the association is subject to Section 209.0062 (Alternative Payment Schedule for Certain Assessments) or the association’s dedicatory instruments contain a requirement to offer a payment plan, describes the options the owner has to avoid having the account turned over to a collection agent, including information regarding availability of a payment plan through the association; and
provides a period of at least 45 days for the owner to cure the delinquency before further collection action is taken.
(c)
An owner is not liable for fees of a collection agent retained by the property owners’ association if:
the obligation for payment by the association to the association’s collection agent for fees or costs associated with a collection action is in any way dependent or contingent on amounts recovered; or
the payment agreement between the association and the association’s collection agent does not require payment by the association of all fees to a collection agent for the action undertaken by the collection agent.
(d)
The agreement between the property owners’ association and the association’s collection agent may not prohibit the owner from contacting the association board or the association’s managing agent regarding the owner’s delinquency.
(e)
A property owners’ association may not sell or otherwise transfer any interest in the association’s accounts receivables for a purpose other than as collateral for a loan.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1282 (H.B. 1228 ), Sec. 2, eff. January 1, 2012.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168 ), Sec. 19, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588 ), Sec. 16, eff. September 1, 2021.
Source:
Section 209.0064 — Third Party Collections , https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm#209.0064 (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
§ 209.0064. Third Party Collections's source at
texas.gov
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Location:
https://texas.public.law/statutes/tex._prop._code_section_209.0064
Original Source:
Section 209.0064 — Third Party Collections ,
https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm#209.0064
(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).