Philip W. Boyko Real Estate Law Blog on Lawyers.com

Chances are good that if you live in Houston, Texas and own a home or a condominium, there is a good chance that you belong to a community association of some kind, sometimes called a property owners' association or a homeowners' association (the "Association").Inherent in that concept of Associations is the public policy recognizing the advantages to landowners in accepting mutual benefits and burdens regarding the property.  One of the burdens is "assessment collection."  Ever wonder how it is done?  Let me explain.

When the Association has an assessment lien with regard to unpaid assessments by the homeowner, it is usually the case that many notices are sent to the homeowner to pay.  But at some point in time, the Association must take forceful action to collect.  This usually means following through on its threat to foreclose if the delinquent assessments are not paid.

The association's governing documents determine whether the Association can use judicial or non-judicial methods for enforcement of the Association's assessment lien.  Special attention must be paid to the "lien language" contained in the declarations filed of record for the subdivision or the condominium.  That language will also tell you whether you can proceed with a judicial or a non-judicial foreclosure.  Regardless of the way in which the Association proceeds, it must be mindful of the "redemption" periods available to the homeowner who has suffered through a foreclosure (180 days after a foreclosure by a residential Association, 90 days in the case of a condominium that is repurchased by the Association - there is no redemption period if the condominium was purchased by a third party other than the Association).

Most Associations only foreclose as a last resort.  But it is a remedy that the Association has at its disposal. If you find yourself having to prevent the Association's foreclosure, it's time to hire an attorney to protect your rights.

Nothing in this post should be considered legal advice.  Let's face it.  You don't know me and I don't know you.  My aim is simple - to provide the reader with some useful, but general, information about the topic.  You should not rely on any information in this post without some assurance that the material is still current and applicable at the time it is read.  If you want a legal opinion that has teeth, consult your personal lawyer about your particular circumstances.  If you don't have a lawyer and like what you see here, then perhaps you should contact my law office to determine if I might be a good fit for you.  To do so, simply click on my name above and you will be directed to my website, or you can reach me by telephone at (713) 626-2221.  When responding, please refer to this Blog No. 42.