Quick Answer
Texas Property Code § 209.008 limits when a residential property owners' association can charge an owner for attorney's fees and costs. The association must first give the owner written notice that fees and costs will be charged "if the delinquency or violation continues after a date certain." The owner is not liable for fees incurred before the conclusion of the board hearing (or before the deadline to request one). In a nonjudicial foreclosure sale for an assessment debt, fees included are capped at the greater of one-third of actual costs and assessments or $2,500.
At a Glance
| Item | Detail |
|---|---|
| Law/citation | Texas Property Code § 209.008, Attorney's Fees (Chapter 209) |
| Effective date | January 1, 2002 (Acts 2001, 77th Leg., ch. 926). The text we read shows no later amendment |
| Applies to | Residential property owners' associations covered by Chapter 209. Not condominiums (§ 209.003(d)) |
| Key sections | (a) notice requirement; (b) no fees before the hearing; (c) deposit of funds collected; (d) invoices on request; (e) counterclaim exception; (f) foreclosure fee cap; (g) other recovery |
| Remedy or penalty | None stated in the section. Owners may sue for Chapter 209 violations in justice court (§ 209.017) |
What the Law Says
Written notice first
Subsection (a) lets the association "collect reimbursement of reasonable attorney's fees and other reasonable costs" relating to collecting amounts due, including damages, for enforcing restrictions or the bylaws or rules, "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."
No fees before the hearing
Subsection (b): an owner "is not liable for attorney's fees incurred by the association relating to a matter described by the notice under Section 209.006" if those fees are incurred before the conclusion of the § 209.007 hearing or, if the owner does not request a hearing, before the date by which the owner must request one. The owner's presence is not required for the hearing to be held.
Handling the money
Subsection (c) requires all attorney's fees, costs and other amounts collected from an owner to be deposited "into an account maintained at a financial institution in the name of the association or its managing agent." Only board members, the managing agent or the agent's employees may be signatories.
Invoices on request
Subsection (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."
Counterclaims
Subsection (e): the notice requirement in (a) does not apply "to a counterclaim of an association in a lawsuit brought against the association by a property owner."
Nonjudicial foreclosure fee cap
Subsection (f): if the dedicatory instrument or restrictions allow nonjudicial foreclosure, the attorney's fees the association may include in a nonjudicial foreclosure sale for an indebtedness covered by its assessment lien are limited to the greater of "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," or "$2,500." Subsection (g) says (f) "does not prevent" the association from recovering or collecting fees above those amounts "by other means provided by law."
What This Means in Practice
For boards and managers
The fee notice is a precondition, not a courtesy. Most boards fold it into the § 209.006 notice. Our reading: the date certain should be a calendar date, stated plainly, with the notice sent by a method that proves delivery. Do not send accounts to an attorney expecting to charge the owner for work done before the hearing window closes, because subsection (b) shields the owner from those fees. See § 209.006 and § 209.007.
Deposit owner payments of fees into the association or managing agent account. Match each invoice to a single owner matter so subsection (d) requests can be answered quickly. Collection costs interact with §§ 209.0064 and 209.0065 and with payment application under § 209.0063.
For owners
If you receive a notice, look for a specific date. Ask in writing for invoices tied to your matter. If you request a hearing in time, fees incurred before it concludes should not be charged to you under (b).
What the section does not say, and open questions
- It does not define "reasonable." Courts decide what is reasonable on the facts.
- It does not set a deadline to answer an invoice request.
- Our reading: subsection (g) leaves other fee-recovery routes open, such as a court award. Whether a particular route is available depends on the governing documents and other law. Confirm with counsel.
- Section 209.0092 separately limits foreclosure. See foreclosure limits, and ask counsel how those rules interact with the (f) cap.
Timeline
| Date | Event |
|---|---|
| January 1, 2002 | Section 209.008 added (77th Leg., ch. 926, Sec. 1) |
Related Texas Law
- § 209.006: notice before enforcement
- § 209.007: hearing before the board
- §§ 209.0064 and 209.0065: collection agents and credit reporting
- HB 886 (§ 209.0094): notices before an assessment lien
- § 209.017: justice court suits
Board Checklist
- Put a fee-and-cost warning with a specific date in the written enforcement notice.
- Do not bill the owner for attorney work done before the hearing window closes.
- Deposit collected fees in an account in the name of the association or managing agent.
- Limit account signatories to board members and the managing agent and its employees.
- Keep invoices sorted by owner matter and be ready to copy them on written request.
- Check the nonjudicial foreclosure fee limits with counsel before any sale.
Frequently Asked Questions
Can a Texas HOA charge an owner for attorney's fees?
Yes, but only after the owner receives written notice that fees will be charged if the delinquency or violation continues after a date certain (§ 209.008(a)).
Is an owner liable for fees incurred before the hearing?
Not for fees relating to the matter in the § 209.006 notice that are incurred before the hearing concludes, or before the deadline to request a hearing if none is requested (§ 209.008(b)).
Can an owner see the attorney invoices?
Yes, on written request. The association must provide copies of invoices relating only to the matter for which it seeks reimbursement (§ 209.008(d)).
What is the cap on fees in a nonjudicial foreclosure sale?
The greater of one-third of actual costs and assessments (excluding attorney's fees, plus interest and court costs where permitted) or $2,500 (§ 209.008(f)).
Does the notice rule apply when the owner sues the association?
Not to the association's counterclaim in a suit brought by the owner (§ 209.008(e)).
Does this apply to condominium associations?
Chapter 209 does not apply to condominiums (§ 209.003(d)). Check Chapter 82 and your declaration.
Where This Comes From
We read the current text of § 209.008 on the Texas.Public.Law mirror, which states it was verified against the official site on May 26, 2025. The official statute site is at statutes.capitol.texas.gov. We did not read court decisions on fee awards, and we did not compare this section to the 2025 text after May 26, 2025.
Where We Stand
Our position: we support § 209.008. A written warning, a hearing window and invoice transparency give owners a fair chance to cure before legal costs pile up, which also helps boards avoid fee disputes. Tip: put the date-certain fee warning in the same letter as the § 209.006 notice and calendar the hearing deadline so counsel is not engaged on the owner's account too early. This is Association Property Managers' operating view as a management company, separate from the legal summary above, and it is not legal advice.
How APM Helps
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Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed Texas attorney before acting.
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