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Assessment lien, notice, foreclosure, and related collection rules for residential POAs.
Not legal advice. Statute reference is for education only — confirm citations on official sources and consult a Texas attorney familiar with community associations.
(a)
A property owners’ association that conducts a foreclosure sale of an owner’s lot must send to the lot owner and to each lienholder of record, not later than the 30th day after the date of the foreclosure sale, a written notice stating the date and time the sale occurred and informing the lot owner and each lienholder of record of the right of the lot owner and lienholder to redeem the property under Section 209.011 (Right of Redemption After Foreclosure) .
(b)
The notice must be sent by certified mail, return receipt requested, to:
the lot owner’s last known mailing address, as reflected in the records of the property owners’ association;
the address of each holder of a lien on the property subject to foreclosure evidenced by the most recent deed of trust filed of record in the real property records of the county in which the property is located; and
the address of each transferee or assignee of a deed of trust described by Subdivision
who has provided notice to a property owners’ association of such assignment or transfer. Notice provided by a transferee or assignee to a property owners’ association shall be in writing, shall contain the mailing address of the transferee or assignee, and shall be mailed by certified mail, return receipt requested, or United States mail with signature confirmation to the property owners’ association according to the mailing address of the property owners’ association pursuant to the most recent management certificate filed of record pursuant to Section 209.004 (Management Certificates) .
(b-1)
If a recorded instrument does not include an address for the lienholder, the association does not have a duty to notify the lienholder as provided by this section.
(b-2)
For purposes of this section, the lot owner is deemed to have given approval for the association to notify the lienholder.
(c)
Not later than the 30th day after the date the association sends the notice required by Subsection (a), the association must record an affidavit in the real property records of the county in which the lot is located, stating the date on which the notice was sent and containing a legal description of the lot. Any person is entitled to rely conclusively on the information contained in the recorded affidavit.
(d)
The notice requirements of this section also apply to the sale of an owner’s lot by a sheriff or constable conducted as provided by a judgment obtained by the property owners’ association.
Added by Acts 2001, 77th Leg., ch. 926, Sec. 1, eff. Jan. 1, 2002.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1176 (H.B. 3479 ), Sec. 2, eff. September 1, 2009.
Source:
Section 209.010 — Notice After Foreclosure Sale , https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm#209.010 (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
§ 209.010. Notice After Foreclosure Sale's source at
texas.gov
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Location:
https://texas.public.law/statutes/tex._prop._code_section_209.010
Original Source:
Section 209.010 — Notice After Foreclosure Sale ,
https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm#209.010
(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).