Relating to partial payment by an owner of an amount owed to a property owners' association.
Summary
HB 2828 would amend Chapter 209 of the Texas Property Code to clarify that a property owners’ association (POA) is generally not required to accept a partial payment from an owner for amounts owed to the association. The bill creates an exception when the owner is paying under a payment plan or other written agreement that specifically allows partial payments and is accepted by the association.
In practical terms, the bill gives POAs more discretion to refuse piecemeal payments on delinquent assessments, fines, fees, or other charges unless the association has already agreed in writing to a repayment arrangement. The bill is set to take effect September 1, 2025.
Impact
The bill would add Section 209.00635 to the Property Code and affect the rights and obligations of property owners and property owners’ associations in Texas. It would not require associations to accept partial payments absent a written payment plan or similar agreement, reinforcing association collection authority and potentially affecting how delinquent balances are handled, negotiated, and enforced under HOA/POA governing documents and state law.
Sentiment
No committee transcript or recorded vote information is available in the provided materials, so there is no direct evidence of debate or opposition in the record here. Based on the bill text alone, the measure appears administrative and creditor-friendly, aimed at giving associations clearer collection rules rather than creating a new substantive payment right for owners.
Contention
The main point of contention is likely to be between property owners who want flexibility to make partial payments and associations that prefer to control collection terms and avoid being forced to accept incomplete payments. Supporters would likely emphasize clarity and enforcement efficiency for associations, while critics may argue the bill could make it harder for financially distressed owners to reduce arrears unless they can secure a written agreement.