Section 209.0063 - Priority of Payments(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.Tex. Prop. Code § 209.0063
Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 951,Sec. 15, eff. 9/1/2021.Added by Acts 2011, 82nd Leg., R.S., Ch. 1282, Sec. 2, eff. 1/1/2012.