What restrictions does an HOA have in collecting assessments?

In Texas, Homeowners Associations (HOAs) have certain restrictions when it comes to collecting assessments. The HOA must provide written notice of the assessment amount and due date to each owner at least 30 days before the due date. The notice must be sent to the address of the property, or if the owner has designated an alternative address, it must be sent there. Additionally, the HOA must allow owners to pay assessments in installments, unless the assessment is for a special purpose and specified in the association’s governing documents. The HOA may only charge a late fee if the assessments are not paid on time and the late fee amount must not exceed the greater of 10 percent or $10. The HOA also cannot place a lien unless the assessment has gone unpaid for more than 30 days. The lien must be recorded in the county, along with a statement indicating that the lien was filed for nonpayment of assessments. Finally, the HOA may not evict an owner for nonpayment of assessments unless the HOA follows the necessary steps required by law such as giving proper notice, filing of a suit, and obtaining a judgement from the court.

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What restrictions does an HOA have in collecting assessments?

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