Texas Property Code

§ 209.0064 — THIRD PARTY COLLECTIONS

PR § 209.0064Title 11. RESTRICTIVE COVENANTS · Ch. 209. TEXAS RESIDENTIAL PROPERTY OWNERS PROTECTION ACT

Statute text

(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:

(1)specifies each delinquent amount and the total amount of the payment required to make the account current;

(2)if the association is subject to Section 209.0062 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

(3)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:

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Legislative history

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.