Texas HOAs have lien rights under Property Code Chapter 202 and Chapter 209 — but Texas's homestead protection creates significant restrictions that do not exist in most other states. Understanding those restrictions is essential for both HOA boards and Texas homeowners.
Texas Homestead Protection and HOA Liens
The Texas Constitution's homestead protection limits forced sales of a homestead for certain debts. Under Property Code § 209.009, an HOA CANNOT foreclose on a homestead property solely for fines — only for unpaid mandatory assessments. This means an HOA that tries to foreclose purely because of accumulated fines (without unpaid assessments) may face a constitutional challenge.
When Can a Texas HOA Record a Lien?
A Texas HOA may file a lien for delinquent assessments after providing written notice of the delinquency. The notice must specify the amount owed and the property's legal description. Texas Property Code § 202.006 requires the lien to be recorded in the real property records of the county where the property is located.
The 60-Day Pre-Foreclosure Notice
Before filing a foreclosure action, Texas Chapter 209.0091 requires the HOA to send a written notice at least 60 days before initiating foreclosure. This notice must: identify the property, state the amount owed, offer to enter into a reasonable payment plan for amounts up to 18 months' assessments, and include a statement of the homeowner's right to request an emergency meeting of the board. This notice is mandatory — courts have dismissed foreclosure actions where it was missing.
Foreclosure Options in Texas
Texas allows non-judicial (deed of trust) foreclosure if the original deed restrictions created the lien with power of sale language. Otherwise, the HOA must file a judicial foreclosure lawsuit. Many Texas HOA recorded CC&Rs include a power of sale provision — review your deed restrictions carefully to determine which process applies.
Fines vs. Assessments: The Critical Texas Distinction
Texas Property Code § 202.004 allows HOAs to assess fines for violations, and accumulated fines may be included in a lien — but only if the lien also includes delinquent assessments. A lien purely for fines on a homestead property is legally vulnerable. Keep assessments and fines separately accounted in your delinquency records.
Disclaimer: Texas HOA lien law is highly fact-specific. The homestead exemption creates nuances that affect nearly every case. Consult a Texas-licensed attorney before pursuing lien enforcement or foreclosure.
This article is for general informational and educational purposes only. It does not constitute legal advice. HOA laws vary by state, and your association's specific CC&Rs and bylaws may create additional requirements. Always consult a licensed attorney in your state before taking legal or enforcement action. Full disclaimer →