Assessment & Dues: Arlington vs Haltom City

Can my Tarrant County HOA foreclose for unpaid fines?

No. Under TX Property Code 209.009, an HOA cannot foreclose its assessment lien solely for unpaid fines. The lien must include genuine assessments (dues) to support foreclosure, and small old debts are also protected from foreclosure.

Does my HOA have to offer a payment plan?

Yes. Under TX Property Code 209.0062, Texas HOAs must adopt a written payment plan policy allowing delinquent owners to pay past-due amounts over at least 3 months before accelerating or foreclosing. Ask the HOA in writing for the plan.

Can my Haltom City HOA foreclose on my home for unpaid dues?

Yes, but only through judicial foreclosure with court oversight under Texas Property Code Section 209.0092 (effective 2021). The HOA must give notice, opportunity to cure, and secure a court order. Non-judicial foreclosure by HOAs is prohibited in Texas.

Can I set up a payment plan for my Haltom City HOA assessments?

Yes. Under Texas Property Code Section 209.0062 you have the right to request a payment plan of 3 to 18 months for delinquent assessments, as long as you have not previously defaulted on a plan in the prior 2 years. Submit your request in writing.

How much can my Haltom City HOA charge in late fees?

Texas law does not cap HOA late fees but they must be reasonable and authorized by the declaration. Late fees plus interest under the Texas usury limits (18 percent annual equivalent in most cases). Collection attorney fees must also be reasonable under Section 209.0063.