Texas HOA Assessments, Liens & Foreclosure

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.

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.