Form 23-17

This form may be used to comply with the requirements of Tex. Prop. Code §§ 209.006, 209.008. The notice should be sent to the owner by certified mail, return receipt requested.

Notice of Enforcement Action and Attorney’s Fees

Basic Information

Date:

Property Owners’ Association:

Property Owners’ Association’s Address:

Property:

Amount Due to Property Owners’ Association:

Date By Which Violation or Delinquency Must Be Cured:

Owner:

Owner’s Address:

“You” and “your” in this notice refers to Owner.

Notice

You are subject to enforcement action by the Property Owners’ Association for the fol­lowing:

Violation of the declaration: [specify]

Violation of the bylaws of the Property Owners’ Association: [specify]

Violation of the rules of the Property Owners’ Association: [specify]

Damage to Property Owners’ Association property: [specify]

Failure to pay the Property Owners’ Association: [specify]

[Specify other reason for enforcement action.]

You are entitled to a reasonable period from your receipt of this notice to cure the viola­tion or delinquency and avoid enforcement action and attorney’s fees.

On or before the thirtieth day after the date you receive this notice, you have the right to submit a written request to the Property Owners’ Association for a hearing to discuss and ver­ify facts and resolve the matter in issue before a committee appointed by the Board of the Property Owners’ Association or before the Board if the Board does not appoint a committee. If a hearing is to be held before a committee, you have the right to appeal the committee’s decision to the Board by written notice to the Board.

You may have special rights or relief related to the enforcement action under federal law, including the Servicemembers Civil Relief Act (50 U.S.C. §§ 501–596), if you are serv­ing on active military duty.

If you do not request a hearing, then you must either (1) pay the Amount Due to Prop­erty Owners’ Association, cure the violation, or both, as applicable, by the Date By Which Violation or Delinquency Must Be Cured or (2) sign and deliver an Alternative Payment Plan Agreement, if applicable, to pay the delinquent amount in accordance with the Property Own­ers’ Association’s Guidelines for Alternative Payment Plans, a copy of which is attached. However, you are not eligible to use an alternative payment plan if you failed to honor the terms of a previous Alternative Payment Plan Agreement within the last two years.

If you do not request a hearing and you (1) fail to cure the violation or delinquency by the Date By Which Violation or Delinquency Must Be Cured or (2) sign an Alternative Pay­ment Plan Agreement, if eligible, and fail to pay the Amount Due to Property Owners’ Asso­ciation pursuant to that plan, the Property Owners’ Association may—

1.suspend your right to use a common area;

2.file a suit against you;

3.charge you for property damage;

4.levy a fine for a violation of the declaration, bylaws, or rules of the Property Own­ers’ Association;

5.collect reimbursement of reasonable attorney’s fees and other reasonable costs incurred by the Property Owners’ Association relating to collecting amounts, including damages, due the Property Owners’ Association or for enforcing restric­tions in the declaration, bylaws, or rules of the Property Owners’ Association; and

6.take other enforcement action against you in accordance with the declaration, bylaws, and rules of the Property Owners’ Association and Texas law.

Please contact us for initial verification of the debt, and we will provide copies of statements of your account. Unless you dispute the validity of the above referenced debt, or any portion thereof, within thirty days after receipt of this notice, the debt will be assumed to be valid. If you do notify us in writing within the thirty-day period that the debt, or any portion thereof, is disputed, we will obtain an additional verification of the debt and will mail a copy of that additional verification to you. The current creditor is the original credi­tor.

This thirty-day verification period does not alter the earlier stated dead­lines.

Assert and protect your rights as a member of the armed forces of the United States. If you or your spouse is serving on active military duty, including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component for the armed forces of the United States, please send written notice of the active duty mili­tary service to the sender of this notice immediately.

[Name of property owners’ association]

By    
        [Name and title]

Certified Mail No. [number]

Return Receipt Requested