Oct 16, 2021

Additional Notice Required Prior to Collection Actions- 2021 Legislative Session Analysis


Section 209.0064 of the Texas Property Code governs the requirement to send an owner a notice via certified mail prior to holding that owner liable for fees of a collection agent. That notice must specify each delinquent amount, specify the total amount owing, lay out options available to an owner, including a payment plan, and provide for a 30-day period before further collection action may be taken.

The 2021 Texas Legislature amended Section 209.0064 to and increased the 30-day cure period to 45 days.[1]  It is our firm’s recommendation that each association ensure that their Certified Mail Delinquency Notices include a 45-day period to cure prior to that owner being sent to collections.  These changes are in addition to other requirements for changes to this notice as related to credit reporting services. 

[1] Texas Property Code § 209.0064(b)(3)