Requesting a § 209.007 hearing isn’t about winning the hearing. It’s about triggering § 209.008(b) — the fee bar that erased every dollar of attorney’s fees in Dao v. Mission Bend. The protection works even when you lose on the merits.
Section 209.007(d) takes away your Sec. 209.007 hearing the moment the HOA sues for foreclosure — then says a party “may file a motion to compel mediation.” When a homeowner filed it, the judge denied it as “premature.” The statute contains no timing limit.
If a collection agency works on contingency, the homeowner is not liable for its fees. An affidavit claiming $450/hour for “original research” when the work was clerical form-filing is a false statement that can be challenged directly.