In Brooks v. Northglen Association. See Brooks v. Northglen Assoc., 141 S.W.3d 158, 47 Tex. Sup. Ct. J. 719 (Tex. 2004), after the initial deed restrictions had been recorded and the property had become residential homestead property, the association amended the deed restrictions to add the authority to assess late fees on unpaid assessments in addition to interest charges. Id. at 160-61. The Supreme Court agreed that the association could expand its authority to include assessing late fees for unpaid assessments, however, the court concluded that foreclosure was not an appropriate remedy for failure to pay late charges because the original deed restrictions did not provide notice that late charges would also be secured by the lien on the property. Id. at 170-71.