Texas Statewide Rule
Texas HOA Assessments, Liens & Foreclosure
Key Facts
- Governing law
- Tex. Prop. Code Ch. 209 (§§ 209.0092, 209.0094, 209.0062)
- Foreclosure
- Court order required; no non-judicial sale of HOA lien
- Pre-lien notice
- Two notices; lien filed only 90 days after 2nd
- Payment plan
- Minimum 3 months, up to 18 months (§ 209.0062)
- Plan eligibility
- One plan per 12 months; required if 15+ lots
Summary
Under the Texas Residential Property Owners Protection Act, unpaid assessments become a lien (Tex. Prop. Code § 209.0094), but a Texas HOA may not foreclose that lien without first obtaining a court order (§ 209.0092). Owners can demand an alternative payment plan of at least three months under § 209.0062 before collection proceeds.
(a) In this section, "assessment lien" means a lien, lien affidavit, or other lien instrument evidencing the nonpayment of assessments or other charges owed to a property owners' association. (b) An assessment lien filed in the official public records of a county is a legal instrument affecting title to real property. (c) Before a property owners' association files an assessment lien, the association must provide notices of delinquency in accordance with Subsections (d) and (e). (d) The first notice of delinquency must be provided: (1) by first class mail to the property owner's last known mailing address, as reflected in records maintained by the association; or (2) by e-mail to an e-mail address the property owner has provided to the property owners' association. (e) The second notice of delinquency must be provided by certified mail, return receipt requested, to the property owner's last known mailing address, as reflected in the records maintained by the association, not earlier than the 30th day after notice is given under Subsection (d). (f) A property owners' association may not file an assessment lien before the 90th day after the date notice of delinquency was sent to the property owner under Subsection (e).
Full Breakdown
Section 209.0094 makes an assessment lien an instrument 'affecting title to real property' once filed, but requires two pre-lien notices: a first notice by regular mail or email, a second by certified mail at least 30 days later, and the lien cannot be filed until 90 days after the second notice. Section 209.0092 then provides a 'property owners' association may not foreclose a property owners' association assessment lien unless the association first obtains a court order' through expedited foreclosure under Texas Rule of Civil Procedure 736, unless the owner waives it in writing. Section 209.0062 requires associations with more than 14 lots to adopt a payment-plan policy; the minimum term is three months and plans can run up to 18 months.
Violations & Penalties
No criminal penalty. A delinquent owner owes the assessment plus permitted interest, late fees, collection costs, and attorney fees, and ultimately faces judicial (court-ordered) foreclosure of the assessment lien under § 209.0092 after the required notices. An owner who requests a qualifying payment plan cannot be charged extra monetary penalties during the plan.
Frequently Asked Questions
Can a Texas HOA foreclose on my home for unpaid dues?
Does a Texas HOA have to offer a payment plan?
How much notice does a Texas HOA give before filing a lien?
Sources
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