Yes, an HOA can take your home in Texas, but only under narrow conditions. The debt has to include unpaid assessments (regular or special), not just fines. The association has to send multiple written notices, wait out statutory delays, and in almost every case get a court order before a foreclosure sale can happen. And even after a sale, you have 180 days to buy the property back.
Fines Alone Are Not Enough
Texas draws a hard line here. An HOA cannot foreclose when the entire debt consists of fines, the attorney’s fees tied to those fines, or other charges unrelated to assessments.1State of Texas. Texas Property Code 209.009 – Foreclosure Sale Prohibited in Certain Circumstances If your dispute is about a yard-violation penalty or an architectural-guideline fine, your home is not at risk no matter how large that fine grows.
Foreclosure becomes possible once unpaid assessments enter the picture. From there, the HOA can add fines, late fees, interest, and attorney’s fees onto the balance and pursue the full amount. The question is always whether any part of what you owe is a true assessment.
Where the HOA’s Power Comes From
An HOA’s authority over your property starts with the community’s Declaration of Covenants, Conditions, and Restrictions. That declaration was recorded in county property records before any lots were sold, and by buying in the subdivision you agreed to its terms. It spells out the right to charge assessments, impose fines, and place liens on properties when owners fall behind.
Chapter 209 of the Texas Property Code, the Texas Residential Property Owners Protection Act, governs most residential HOAs.2State of Texas. Texas Property Code Chapter 209 – Texas Residential Property Owners Protection Act Condominiums are treated separately under Chapter 82, with their own lien and foreclosure rules.
Texas law does not automatically give every association the power to file an assessment lien. That authority has to be written into the governing documents.3Texas State Law Library. HOA Foreclosures – Section: Assessment Liens If your CC&Rs don’t authorize a lien for unpaid assessments, the HOA has no lien to foreclose on in the first place.
The Notice Timeline Before a Lien Is Filed
Even when the governing documents grant lien authority, the HOA must send you two separate delinquency notices before recording anything:
- A first notice, sent by first-class mail to your last known address, or by email if you have provided one to the association.
- A second notice, sent by certified mail with return receipt requested, no earlier than 30 days after the first notice.
After the second notice, the HOA has to wait at least another 90 days before filing the lien.4State of Texas. Texas Property Code Chapter 209 – Texas Residential Property Owners Protection Act – Section: 209.0094 That built-in delay gives you roughly four months from the first notice to resolve the debt before a lien lands on your property record. The lien can cover unpaid assessments, late fees, interest, and reasonable attorney’s fees, depending on what the declaration allows.3Texas State Law Library. HOA Foreclosures – Section: Assessment Liens
Chapter 209 also blocks the HOA from charging you attorney’s fees or collection costs unless it first sends a proper written notice by certified mail itemizing every delinquent amount and the total due.5Texas State Law Library. Texas Property Owners’ Associations – Assessments – Section: Debt Collection
A Judge Has to Sign Off Before the Sale
Once a lien is in place, the HOA still cannot go straight to auction. Under current Texas law, an association generally has to obtain a court order through an expedited judicial foreclosure process established by the Texas Supreme Court.6State of Texas. Texas Property Code Chapter 209 – Texas Residential Property Owners Protection Act – Section: 209.0092 A judge reviews the case before the sale can proceed. The only exception is for associations in municipalities with fewer than 20,000 residents that are remote from any metropolitan area.
The HOA also has to notify any junior lienholder, such as your mortgage company, before filing for that order. The mortgage lender then gets at least 60 days to pay off the delinquency and protect its interest.7State of Texas. Texas Property Code Chapter 209 – Texas Residential Property Owners Protection Act – Section: 209.0091 Lenders often step in, because paying a few thousand dollars in assessments beats the risk of losing their security in the property.
Payment Plans Are a Statutory Off-Ramp
Any HOA with more than 14 lots must adopt guidelines for a payment plan that lets you pay down delinquent assessments in installments without additional penalties. The plan has to run at least three months, and the association isn’t required to extend it past 18 months from the date you request it.8State of Texas. Texas Property Code Chapter 209 – Texas Residential Property Owners Protection Act – Section: 209.0062
There are limits. If you defaulted on a previous payment plan within the last two years, the HOA does not have to offer another. The association also isn’t required to let you enter more than one plan in any 12-month period, or to offer a plan after the cure period stated in the collection notice has already run out.9State of Texas. Texas Property Code PROP 209.0062 – Alternative Payment Schedule for Certain Assessments If a plan is offered, take it seriously. Defaulting on one shrinks your options for the next round.
You Can Buy the House Back After the Sale
Losing the foreclosure sale is not necessarily the end. Under Chapter 209, former owners have a 180-day right of redemption. The clock starts when the association mails you written notice of the sale, which it must do within 30 days after the foreclosure.10State of Texas. Texas Property Code Chapter 209 – Texas Residential Property Owners Protection Act – Section: 209.011
To redeem, you have to pay the full amount owed to the association, including assessments, attorney’s fees, and the price the buyer paid at the sale. Any lienholder of record, including your mortgage company, has the same right to redeem on the same terms.11State of Texas. Texas Property Code PROP 209.011 – Right of Redemption After Foreclosure
The HOA also has to record an affidavit in the county property records stating when the notice went out. If the association fails to send the required notice or file the affidavit, it can cloud the buyer’s title and potentially give you more room to challenge the sale.12State of Texas. Texas Property Code Chapter 209 – Texas Residential Property Owners Protection Act – Section: 209.010
If You Own a Condo, the Rules Are Slightly Different
Chapter 209 does not apply to condominiums. If you own a condo, Chapter 82 controls. The broad strokes are similar: fines alone still cannot support a foreclosure, and the association still needs a court order unless the owner waives that requirement in writing at the time foreclosure is sought. That waiver cannot be demanded as a condition of buying the unit.13Texas Legislature. Texas Senate Bill 1547 – Section: 82.113
The redemption period is where condo owners see the biggest change. You get 90 days from the date of the foreclosure sale, not 180 days from a post-sale notice. To redeem, you pay all amounts due at the time of sale, interest accrued since then at the rate in the declaration, reasonable attorney’s fees, and the association’s foreclosure and redemption costs.13Texas Legislature. Texas Senate Bill 1547 – Section: 82.113
Extra Protection for Active-Duty Service Members
If you were on active duty when the HOA came calling and the assessment debt was incurred before you entered service, the Servicemembers Civil Relief Act caps interest and additional fees on that debt at 6% per year. The creditor has to forgive any interest above that threshold retroactively to the date you became eligible and reduce your monthly obligation to match.14U.S. Department of Justice. Your Rights as a Servicemember: 6% Interest Rate Cap for Servicemembers on Pre-service Debts The cap covers pre-service financial obligations generally and includes charges and fees beyond the base interest rate.
The practical takeaway across all of this: Texas builds in months of warning, a required payment plan, mortgage-lender involvement, judicial review, and a redemption right. If you owe assessments, respond to the first notice. Every step you skip removes an option the statute meant for you to use.