(a) Before a property owners’ association may file a suit against an owner, other than a suit to collect a regular or special assessment or judicial foreclosure under the association’s lien, or charge an owner for property damage, the association or its agent must give written notice sent to the owner by certified mail, return receipt requested, to the property address of the owner.
(b) The notice must:
(1) describe the violation of the declaration or property damage that is the basis for the suit or charge and state any amount due to the association from the owner; and
(2) inform the owner that the owner:
(A) is entitled, as applicable, to a reasonable period to cure the violation and avoid the suit unless the owner was previously given notice and a reasonable opportunity to cure by the association for the same or a similar violation within the preceding six months;
(B) may request a hearing under Section 215.017 on or before the 30th day after the date the owner receives the notice; and
(C) may have special rights or relief related to the suit or charge under federal law, including, without limitation, the Servicemembers Civil Relief Act (50 U.S.C. app. Section 501 et seq.), if the owner is serving on active military duty.
Terms Used In Texas Property Code 215.016
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Property: means real and personal property. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005