A municipality may impose a lien for recovery of expenses unless which condition exists?

Study for the Texas Code Enforcement Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

A municipality's authority to impose a lien for the recovery of expenses related to code enforcement is restricted when the property in question is classified as a homestead. This protection is rooted in Texas law, which provides certain safeguards for homestead properties to ensure that homeowners are not unduly burdened or displaced due to financial obligations tied to municipal code enforcement actions.

Homesteads are granted specific legal protections that prioritize the homeowner's right to keep their residence. This means that if a property is designated as a homestead, the municipality is typically unable to place a lien on it directly for expenses incurred through code enforcement measures. This is intended to protect individuals and families from the risk of losing their home due to financial burdens caused by municipal expenses.

Other conditions, such as the property's ownership by an elderly person, its status as an irrevocable trust, or being in a bankruptcy receivership, may not provide the same level of protection against lien imposition. Thus, while these might impose certain restrictions or considerations in different contexts, it's the homestead designation that specifically curtails the municipality's power to impose a lien for expenses related to code enforcement.

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