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Tex. Property Code § 209.0063

This is the official text of Tex. Property Code § 209.0063, part of Texas’s Property Code — governs real property, landlord-tenant law, and property transactions.

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§ 209.0063. PRIORITY OF PAYMENTS.

Official statutory text

(a) Except as provided by Subsection (b), a payment received by a property owners' association from the owner shall be applied to the owner's debt in the following order of priority:

(1) any delinquent assessment;

(2) any current assessment;

(3) any reasonable attorney's fees or reasonable third party collection costs incurred by the association associated solely with assessments or any other charge that could provide the basis for foreclosure;

(4) any reasonable attorney's fees incurred by the association that are not subject to Subdivision (3);

(5) any reasonable fines assessed by the association; and

(6) any other reasonable amount owed to the association.

(b) If, at the time the property owners' association receives a payment from a property owner, the owner is in default under a payment plan entered into with the association:

(1) the association is not required to apply the payment in the order of priority specified by Subsection (a); and

(2) in applying the payment, a fine assessed by the association may not be given priority over any other amount owed to the association.

Status: in_force · Read it on the official government site

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