What's really shocking about Chapter 209 of the Property Code is that it allows for foreclosure for failure to pay membership fees but not for deed restriction fines!
Under Chapter 209 an association can foreclose on a property if the owner does not pay membership fees; however, if the property owner has junk cars, never mows his grass, etc., but continues to pay membership fees, then the association can not issue a fine and foreclosure on the property! This is a slumlord's dream come true!
The MOST important part of Chapter 209 is the following:
209.003. APPLICABILITY OF CHAPTER.
''(b) This chapter applies only to a property owners'
association that requires mandatory membership in the association for all or a majority of the owners of residential property within the subdivision subject to the association's dedicatory
instruments.''
The proposed amended deed restrictions calls for mandatory membership.
It will be absolutely and totally irresponsible for the Association to require mandatory membership.
Mandatory membership will take away the Association's power to foreclose for the non-payment of deed restriction fines as outlined in Chapter 209.
Did you already sign the proposed amended deed restrictions? Where you aware of the ramifications of doing so under Chapter 209 of the Texas Property Code?
If not then you need to contact the Association and tell them that you where not informed of Chapter 209 and that you would like to withdraw your support for the proposed amended deed restrictions that call for mandatory membership.
Explain to them that you feel that deed restriction enforcement is the most important function of the Association and that you believe foreclosure is the only way to achieve this.
