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Houston, TX HOA Rules: Assessment & Dues (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified April 2026

Key Facts

Lien Notice
Two notices, 30 days each
Foreclosure
Not for fines alone
Max Interest
Per docs or 18%/year
Special Assessments
Typically require member vote

Summary

Texas Property Code governs HOA assessments, requiring notice before liens and limiting foreclosure. HOAs must send at least two written notices before filing a lien, and cannot foreclose for fines alone under most circumstances.

Sec. 209.009. FORECLOSURE SALE PROHIBITED IN CERTAIN CIRCUMSTANCES. A property owners' association may not foreclose a property owners' association's assessment lien if the debt securing the lien consists solely of:(1) fines assessed by the association;(2) attorney's fees incurred by the association solely associated with fines assessed by the association; or(3) amounts added to the owner's account as an assessment under Section 209.005(i) or 209.0057(b-4).

Source: TX Property Code Ch. 209 – Collections and LiensView official code

Full Breakdown

Under Texas Property Code Chapter 209, an HOA must give at least two written notices by certified mail before filing a lien for unpaid assessments. The first notice must inform the owner of the delinquent amount and provide at least 30 days to cure. If unpaid, a second notice of intent to file a lien must be sent, giving another 30 days. A property owners' association may not foreclose on a property solely for fines or penalties; foreclosure requires unpaid assessments plus the fines. Special assessments typically require a membership vote per the bylaws. Late fees must be reasonable and disclosed in the association's collection policy. Interest on unpaid assessments cannot exceed the rate stated in the governing documents, or 18% per annum if not specified.

Violations & Fines

Unpaid assessments result in a lien on the property. After proper notice, the HOA may pursue judicial or non-judicial foreclosure (limited by SB 1588 restrictions). Late fees and attorney fees are added to the delinquent balance.

Frequently Asked Questions

Can my HOA foreclose on my home for unpaid dues?
Yes, but only after sending two certified written notices each with 30 days to cure. The HOA cannot foreclose solely for fines: unpaid regular assessments must be involved.
What happens if I don't pay my HOA assessment?
The HOA will file a lien on your property after proper notice. Late fees and attorney fees accumulate on the balance, and eventually the HOA may pursue foreclosure.

Sources & Official References

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