Austin, TX HOA Rules: Assessment & Dues (2026)
Key Facts
- Notice Required
- Written 30-day delinquency notice before lien
- Payment Plans
- Must be offered, minimum 3-month repayment
- Foreclosure
- Requires court order (Section 209.0092)
- No Foreclosure For
- Debts consisting solely of fines or attorney's fees
- Management Certificate
- Must be filed with county clerk
Summary
Texas Property Code Chapter 209 governs HOA assessment collection in Austin. Before filing a lien for unpaid assessments, the HOA must provide a written 30-day notice of delinquency including the amount owed, late fees, and the owner's right to a payment plan. HOAs must offer repayment over at least 3 months. Foreclosure requires a court order and is prohibited if the debt is solely fines or attorney's fees.
Sec. 209.0062. ALTERNATIVE PAYMENT SCHEDULE FOR CERTAIN ASSESSMENTS. (a) A property owners' association composed of more than 14 lots shall adopt reasonable guidelines to establish an alternative payment schedule by which an owner may make partial payments to the property owners' association for delinquent regular or special assessments or any other amount owed to the association without accruing additional monetary penalties... (b) The minimum term for a payment plan offered by a property owners' association is three months. (c) A property owners' association is not required to allow a payment plan for any amount that extends more than 18 months from the date of the owner's request for a payment plan.
Full Breakdown
Under Texas Property Code Chapter 209, HOAs in Austin levy regular and special assessments as outlined in their governing documents. Before pursuing collection, the association must send a written notice of delinquency specifying the total amount owed including principal, interest, late fees, and reasonable attorney's fees, plus a description of the owner's right to request a payment plan. 0062 requires the HOA to offer a payment plan allowing repayment over at least 3 months. The HOA may not accelerate the full balance of assessments due solely because of a delinquency.
0092. An HOA cannot foreclose if the debt consists solely of fines or attorney's fees. Interest on delinquent assessments cannot exceed the rate stated in the governing documents or the maximum rate under Texas Finance Code. Regular assessments may be increased according to the association's bylaws, which typically require a membership vote for increases above a certain threshold. 004.
Violations & Fines
Failure to pay assessments can result in late fees, interest, lien filing, and ultimately foreclosure (with court order). However, the HOA must first provide a 30-day written notice and offer a payment plan of at least 3 months. Owners who dispute assessments can pursue alternative dispute resolution under Section 209.0071.
Frequently Asked Questions
Can my Austin HOA foreclose on my home for unpaid dues?
Does my Austin HOA have to offer a payment plan for delinquent assessments?
Sources & Official References
Other rules in Austin
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