HOA Liens and Foreclosure in Texas
Whether a homeowners or condo association can foreclose on its lien for unpaid dues in Texas, and the limits.
Short answer: Yes, if the association's governing documents give it a lien and a right to foreclose. A property owners' association may not foreclose if the debt consists only of fines (or attorney's fees tied only to fines). Tex. Prop. Code §§ 209.009, 209.0092, 209.0094, 209.011
| HOA liens and foreclosure | Yes, if the association's governing documents give it a lien and a right to foreclose. A property owners' association may not foreclose if the debt consists only of fines (or attorney's fees tied only to fines). It must generally get a court order first, through an expedited court procedure or a judicial foreclosure lawsuit, unless the owner agrees otherwise. Before filing an assessment lien, the association must send the owner two notices. After an association foreclosure sale, the owner (or a lienholder) may redeem the property within 180 days after the association mails written notice of the sale, and a buyer of occupied property must file an eviction case to get possession. The Texas State Law Library's HOA foreclosure page summarizes these rules: https://guides.sll.texas.gov/foreclosure/hoa-foreclosures |
|---|
More Texas foreclosure & homeowner law
- How Foreclosure Works in Texas
- Redemption and Deficiency Judgments in Texas
- Getting Your Home Back After a Tax Sale in Texas
- All Texas foreclosure & homeowner law rules
FAQ
Can an HOA foreclose on your home in Texas?
Yes, if the association's governing documents give it a lien and a right to foreclose. A property owners' association may not foreclose if the debt consists only of fines (or attorney's fees tied only to fines). It must generally get a court order first, through an expedited court procedure or a judicial foreclosure lawsuit, unless the owner agrees otherwise. Before filing an assessment lien, the association must send the owner two notices. After an association foreclosure sale, the owner (or a lienholder) may redeem the property within 180 days after the association mails written notice of the sale, and a buyer of occupied property must file an eviction case to get possession.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.