Tarrant County, TX HOA Rules: Assessment & Dues (2026)
Key Facts
- Detail
- TX Property Code 209.0062 requires payment plan option
- Fee
- 209.008 limits attorneys fees and requires pre-fee notice
- Fee
- 209.009 bans foreclosure solely for unpaid fines
- Fee
- HB 614 (2023) tightened fine notice procedures
- Detail
- Condos: TX Property Code 82.113 governs assessment foreclosure
Summary
Tarrant County HOAs levy assessments under TX Property Code 209. Collection follows 209.0062 payment plans, 209.008 attorneys fees limits, and 209.009 foreclosure limits barring fines-only foreclosure.
Sec. 209.0061. ASSOCIATION POLICY; FINES. ... (b) A property owners' association board shall adopt an enforcement policy regarding the levying of fines by the property owners' association. The policy must include: (1) general categories of restrictive covenants for which the association may assess fines; (2) a schedule of fines for each category of violation; and (3) information regarding hearings described by Section 209.007. (c) The enforcement policy adopted pursuant to Subsection (b) may reserve the board's authority to levy a fine from the schedule of fines that varies on a case-by-case basis.
Full Breakdown
HOAs in Tarrant County subdivisions derive assessment authority from the recorded Declaration of Covenants, Conditions, and Restrictions (CCRs). Regular assessments fund common-area maintenance, insurance, reserves, and management, while special assessments cover extraordinary expenses and generally require member approval under the declaration or Texas Property Code Chapter 209. 0062, an HOA must adopt a reasonable payment plan policy allowing delinquent owners to pay over at least 3 months before accelerating the debt or foreclosing. 0064 notice of delinquency and an opportunity to enter a payment plan before imposing legal fees.
009 prohibits HOA foreclosure solely for unpaid fines or for assessment liens under $2,000 that are older than 4 years, and HB 614 (2023) further tightened fine-related notice requirements. 113, which allows foreclosure for delinquent assessments with stricter notice requirements. Assessments become a lien on the property when recorded as provided by the declaration, and the lien has priority as specified in the CCRs, subject to first-lien mortgage priority under most declarations.
Violations & Fines
HOAs that violate 209.0062 payment plan rules or 209.008 attorneys fees limits may have collection claims reduced or dismissed and be ordered to pay the owner's attorneys fees. Foreclosing in violation of 209.009 (e.g., for unpaid fines only) can void the foreclosure and expose the HOA to wrongful foreclosure damages. Owners who refuse to pay valid assessments face lien filing, late fees, attorneys fees subject to statutory limits, and in severe cases, judicial foreclosure.
Frequently Asked Questions
Can my Tarrant County HOA foreclose for unpaid fines?
Does my HOA have to offer a payment plan?
Sources & Official References
Other rules in Tarrant County
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