New Texas HOA Laws Effective January 2012
Millions of Texas homeowners live in areas with homeowner associations. HOAs have had a lot of power in the past, including the ability to foreclose on the homes of owners who failed to pay their association assessments.
With the new laws that took effect January 1, 2012, one is aimed at how HOAs manage their communities with foreclosure threats. Homeowners that are working towards paying their HOA dues, late fees or payments will now have 3 to 18 months to resolve their debts before the HOA can pursue further action.
HOA’s will now also be required to obtain a court order before pursuing foreclosure on a property. The new law also grants homeowners the right to contact their HOA directly about their debts even if the HOA has secured an attorney or representative.
The new law also could be beneficial to lenders who would no longer require HOAs to commit in writing and would have an opportunity to cure delinquent association liens before going to foreclosure.
