(a) A property owners' association may collect reimbursement of reasonable attorney's
fees and other reasonable costs incurred by the association relating to collecting
amounts, including damages, due the association for enforcing restrictions or the
bylaws or rules of the association only if the owner is provided a written notice
that attorney's fees and costs will be charged to the owner if the delinquency or
violation continues after a date certain.
(b) An owner is not liable for attorney's fees incurred by the association relating
to a matter described by the notice under Section 209.006 if the attorney's fees are incurred before the conclusion of the hearing under Section 209.007 or, if the owner does not request a hearing under that section, before the date by
which the owner must request a hearing. The owner's presence is not required to hold a hearing under Section 209.007.
(c) All attorney's fees, costs, and other amounts collected from an owner shall be
deposited into an account maintained at a financial institution in the name of the
association or its managing agent. Only members of the association's board or its managing agent or employees of its
managing agent may be signatories on the account.
(d) On written request from the owner, the association shall provide copies of invoices
for attorney's fees and other costs relating only to the matter for which the association
seeks reimbursement of fees and costs.
(e) The notice provisions of Subsection (a) do not apply to a counterclaim of an association
in a lawsuit brought against the association by a property owner.
(f) If the dedicatory instrument or restrictions of an association allow for nonjudicial
foreclosure, the amount of attorney's fees that a property owners' association may
include in a nonjudicial foreclosure sale for an indebtedness covered by a property
owners' association's assessment lien is limited to the greater of:
(1) one-third of the amount of all actual costs and assessments, excluding attorney's
fees, plus interest and court costs, if those amounts are permitted to be included
by law or by the restrictive covenants governing the property; or
(g) Subsection (f) does not prevent a property owners' association from recovering
or collecting attorney's fees in excess of the amounts prescribed by Subsection (f)
by other means provided by law.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.