Tex. Prop. Code § 82.113

(a) An assessment levied by the association against a unit or unit owner is a personal obligation of the unit owner and is secured by a continuing lien on the unit and on rents and insurance proceeds received by the unit owner and relating to the owner’s unit. In this section, “assessments” means regular and special assessments, dues, fees, charges, interest, late fees, fines, collection costs, attorney’s fees, and any other amount due to the association by the unit owner or levied against the unit by the association, all of which are enforceable as assessments under this section unless the declaration provides otherwise. (b) The association’s lien for assessments has priority over any other lien except: (1) a lien for real property taxes and other governmental assessments or charges against the unit unless otherwise provided by Section 32.05 (Priority of Tax Liens over Other Property Interests) , Tax Code; (2) a lien or encumbrance recorded before the declaration is recorded; (3) a first vendor’s lien or first deed of trust lien recorded before the date on which the assessment sought to be enforced becomes delinquent under the declaration, bylaws, or rules; and (4) unless the declaration provides otherwise, a lien for construction of improvements to the unit or an assignment of the right to insurance proceeds on the unit if the lien or assignment is recorded or duly perfected before the date on which the assessment sought to be enforced becomes delinquent under the declaration, bylaws, or rules. (c) The association’s lien for assessments is created by recordation of the declaration, which constitutes record notice and perfection of the lien. Unless the declaration provides otherwise, no other recordation of a lien or notice of lien is required. (d) By acquiring a unit, a unit owner grants to the association a power of sale in connection with the association’s lien. By written resolution, a board may appoint, from time to time, an officer, agent, trustee, or attorney of the association to exercise the power of sale on behalf of the association. Except as provided by the declaration, an association shall exercise its power of sale pursuant to Section 51.002 (Sale of Real Property Under Contract Lien) . (e) The association has the right to foreclose its lien judicially or by nonjudicial foreclosure pursuant to the power of sale created by this chapter or the declaration, except that the association may not foreclose a lien for assessments consisting solely of fines. Costs of foreclosure may be added to the amount owed by the unit owner to the association. A unit owner may not petition a court to set aside a sale solely because the purchase price at the foreclosure sale was insufficient to fully satisfy the owner’s debt. (f) The association may bid for and purchase the unit at foreclosure sale as a common expense. The association may own, lease, encumber, exchange, sell, or convey a unit. (g) The owner of a unit purchased at a foreclosure sale of the association’s lien for assessments may redeem the unit not later than the 90th day after the date of the foreclosure sale. If the association is the purchaser, the owner must pay to the association to redeem the unit all amounts due the association at the time of the foreclosure sale, interest from the date of foreclosure sale to the date of redemption at the rate provided by the declaration for delinquent assessments, reasonable attorney’s fees and costs incurred by the association in foreclosing the lien, any assessment levied against the unit by the association after the foreclosure sale, and any reasonable cost incurred by the association as owner of the unit, including costs of maintenance and leasing. If a party other than the association is the purchaser, the redeeming owner must pay to the purchaser of the unit at the foreclosure sale an amount equal to the amount bid at the sale, interest on the bid amount computed from the date of the foreclosure sale to the date of redemption at the rate of six percent, any assessment paid by the purchaser after the date of foreclosure, and any reasonable costs incurred by the purchaser as the owner of the unit, including costs of maintenance and leasing. The redeeming owner must also pay to the association all assessments that are due as of the date of the redemption and reasonable attorney’s fees and costs incurred by the association in foreclosing the lien. On redemption, the purchaser of the unit at the foreclosure sale shall execute a deed with no warranty to the redeeming unit owner. The exercise of the right of redemption is not effective against a subsequent purchaser or lender for value without notice of the redemption after the redemption period expires unless the redeeming unit owner records the deed from the purchaser of the unit at the foreclosure sale or an affidavit stating that the owner has exercised the right of redemption. A unit that has been redeemed remains subject to all liens and encumbrances on the unit before foreclosure. All rents and other income collected from the unit by the purchaser of the unit at the foreclosure sale from the date of foreclosure sale to the date of redemption belong to the purchaser of the unit at the foreclosure sale, but the rents and income shall be credited against the redemption amount. The purchaser of a unit at a sale foreclosing an association’s assessment lien may not transfer ownership of the unit during the redemption period to a person other than a redeeming owner. (h) If a unit owner defaults in the owner’s monetary obligations to the association, the association may notify other lien holders of the default and the association’s intent to foreclose its lien. The association shall notify any holder of a recorded lien or duly perfected mechanic’s lien against a unit who has given the association a written request for notification of the unit owner’s monetary default or the association’s intent to foreclose its lien. (i) This section does not prohibit the association from taking a deed in lieu of foreclosure or from filing suit to recover a money judgment for sums that may be secured by the lien. (j) At any time before a nonjudicial foreclosure sale, a unit owner may avoid foreclosure by paying all amounts due the association. (k) If, on January 1, 1994, a unit is the homestead of the unit owner and is subject to a declaration that does not contain a valid assessment lien against the unit, the lien provided by this section does not attach against the unit until the unit ceases to be the homestead of the person owning it on January 1, 1994. (l) Foreclosure of a tax lien attaching against a unit under Chapter 32 (Tax Liens and Personal Liability) , Tax Code, does not discharge the association’s lien for assessments under this section or under a declaration for amounts becoming due to the association after the date of foreclosure of the tax lien. (m) If a unit owner is delinquent in payment of assessments to an association, at the request of the association a holder of a recorded lien against the unit may provide the association with information about the unit owner’s debt secured by the holder’s lien against the unit and other relevant information. At the request of a lien holder, the association may furnish the lien holder with information about the condominium and the unit owner’s obligations to the association. Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 678 (H.B. 2075 ), Sec. 5, eff. September 1, 2013. Source: Section 82.113 — Association's Lien for Assessments , https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­82.­htm#82.­113 (accessed May 26, 2025). 82.001 Short Title 82.002 Applicability 82.003 Definitions 82.004 Variation by Agreement 82.005 Separate Titles and Taxation 82.006 Applicability of Local Ordinances, Regulations, and Building Codes 82.007 Condemnation 82.008 Venue 82.051 Creation of Condominium 82.052 Unit Boundaries 82.053 Construction and Validity of Declaration and Bylaws 82.054 Description of Units 82.055 Contents of Declaration for All Condominiums 82.056 Leasehold Condominiums 82.057 Allocation of Common Element Interests, Votes, and Common Expense Liabilities 82.058 Limited Common Elements 82.059 Plats and Plans 82.060 Exercise of Development Right 82.061 Alterations of Units 82.062 Relocation of Boundaries Between Adjoining Units 82.063 Subdivision of Units 82.064 Easement for Encroachments 82.065 Use for Sales Purposes 82.066 Easement Rights 82.067 Amendment of Declaration 82.068 Termination of Condominium 82.069 Rights of Secured Lenders 82.070 Meeting at Which Amendments May Be Adopted 82.101 Organization of Unit Owners’ Association 82.102 Powers of Unit Owners’ Association 82.103 Board Members and Officers 82.104 Transfer of Special Declarant Rights 82.105 Termination of Contracts and Leases of Declarant 82.106 Bylaws 82.107 Upkeep of Condominium 82.108 Meetings 82.109 Quorums 82.110 Voting and Proxies 82.111 Insurance 82.112 Assessments for Common Expenses 82.113 Association’s Lien for Assessments 82.114 Association Records 82.115 Association as Trustee 82.116 Management Certificate 82.117 Obligations of Unit Owners 82.118 Service of Process on Unit Owners in Certain Municipalities 82.119 Procedures for Filing Suit or Initiating Arbitration Proceedings for Defect or Design Claims for Certain Associations 82.120 Binding Arbitration for Certain Claims 82.121 Possession of Firearm or Firearm Ammunition on Condominium Property 82.151 Applicability 82.152 Liability for Condominium Information Statement 82.153 Condominium Information Statements in General 82.154 Condominiums with Conversion Buildings 82.155 Condominium Securities 82.156 Purchaser’s Right to Cancel 82.157 Resale of Unit 82.158 Escrow of Deposits 82.159 Release of Liens 82.160 Conversion Buildings 82.161 Effect of Violations on Rights of Action and Attorney’s Fees 82.162 Labeling of Promotional Material 82.163 Declarant’s Obligation to Complete and Restore 82.164 Loans as Eligible Investments 82.0675 Restriction Relating to Club Membership 82.1141 Access to Association Records Up to date Verified: May 26, 2025 § 82.113. 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Florida: Statutes Nevada: NRS New York: Laws Oregon: OAR , ORS Texas: Statutes World: Rome Statute , International Dictionary Location: https://texas.public.law/statutes/tex._prop._code_section_82.113 Original Source: Section 82.113 — Association's Lien for Assessments , https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­82.­htm#82.­113 (last ac­cessed May 10, 2025). Blank Outline Levels × The legislature occasionally skips outline levels. For example: (3) A person may apply [...] (4)(a) A person petitioning for relief [...] In this example, (3) , (4) , and (4)(a) are all outline levels, but (4) was omitted by its authors. It's only implied. This presents an interesting challenge when laying out the text. We've decided to display a blank section with this note, in order to aide readability. Trust but verify. Here is the original source for section 82.113 Do you have an opinion about this solution? Drop us a line. Close