Texas Property Code 209.008 – Attorney’s Fees
(a) A property owners’ association may collect reimbursement of reasonable attorney’s fees and other reasonable costs incurred by the association relating to collecting amounts, including damages, due the association for enforcing restrictions or the bylaws or rules of the association only if the owner is provided a written notice that attorney’s fees and costs will be charged to the owner if the delinquency or violation continues after a date certain.
(b) An owner is not liable for attorney’s fees incurred by the association relating to a matter described by the notice under § 209.006 if the attorney’s fees are incurred before the conclusion of the hearing under § 209.007 or, if the owner does not request a hearing under that section, before the date by which the owner must request a hearing. The owner’s presence is not required to hold a hearing under § 209.007.
Terms Used In Texas Property Code 209.008
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
- 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
(c) All attorney’s fees, costs, and other amounts collected from an owner shall be deposited into an account maintained at a financial institution in the name of the association or its managing agent. Only members of the association’s board or its managing agent or employees of its managing agent may be signatories on the account.
(d) On written request from the owner, the association shall provide copies of invoices for attorney’s fees and other costs relating only to the matter for which the association seeks reimbursement of fees and costs.
(e) The notice provisions of Subsection (a) do not apply to a counterclaim of an association in a lawsuit brought against the association by a property owner.
(f) If the dedicatory instrument or restrictions of an association allow for nonjudicial foreclosure, the amount of attorney’s fees that a property owners’ association may include in a nonjudicial foreclosure sale for an indebtedness covered by a property owners’ association’s assessment lien is limited to the greater of:
(1) one-third of the amount of all actual costs and assessments, excluding attorney’s fees, plus interest and court costs, if those amounts are permitted to be included by law or by the restrictive covenants governing the property; or
(2) $2,500.
(g) Subsection (f) does not prevent a property owners’ association from recovering or collecting attorney’s fees in excess of the amounts prescribed by Subsection (f) by other means provided by law.