How does an HOA collect delinquent assessments?
In Texas, Homeowner Associations (HOAs) typically collect delinquent assessments in several ways. One of the easiest and least expensive ways to collect is by sending a written notice to the delinquent homeowner stating that the homeowner is obligated to pay the HOA assessments and any accrued late fees. This notice can be facsimile or email, and can include both a demand for payment and a statement of possible legal action if the homeowner does not comply. The HOA may also file a civil lawsuit to collect the delinquent assessment. In this instance, the HOA will seek a court order requiring the homeowner to pay all past due assessments and late fees, as well as court costs. Additionally, the court may grant the HOA a lien against the property, which can be used to collect the delinquent amount if the homeowner fails to make payment. If the homeowner still fails to pay, the HOA can move to foreclose on the property. This allows the HOA to auction the property, with the sale proceeds used to cover the delinquent assessment and any legal fees. This is a last resort, however, and should only be considered after other methods of collecting have been exhausted. HOAs are also allowed to garnish wages or take money from bank accounts. This must be done through the court, however, as there are laws in Texas regarding the amount of the garnishment. In summary, there are several ways for an HOA to collect delinquent assessments in Texas, including written notices, civil lawsuits, liens, and in extreme cases, foreclosure or wage garnishment.
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