Texas used to let HOAs foreclose on homes through quiet non-judicial sales, and the Legislature reined that in. Today, a Texas HOA generally cannot foreclose its assessment lien without judicial action — either a lawsuit or the expedited judicial foreclosure process — which means a court is in the loop before you can lose your home. The association must also give statutory notices of delinquency and an opportunity to cure or enter a payment plan before it gets there.
Two protections stand out. First, Chapter 209 requires associations to offer payment plans to delinquent owners under many circumstances, and an owner who is performing under a payment plan generally can't be foreclosed on. Second, after an HOA foreclosure sale, the former owner has a 180-day right of redemption — one of the longest redemption windows in the country — to buy the property back.
Watch what's in the balance
As with other states, the foreclosure power is tied to unpaid assessments. Texas also limits how fines and certain charges factor into the lien, and requires the association to apply your payments to the oldest assessments first rather than steering them to fines and fees to keep an assessment 'delinquent.' If your ledger shows payments applied to fines and attorney costs ahead of assessments, that's worth challenging.
The statutes behind this
Cited by name as authority, for your own reading — informational only, not legal advice.
Tex. Prop. Code § 209.009 & § 209.0092
Restrict HOA foreclosure: generally requires judicial or expedited judicial foreclosure rather than a silent non-judicial sale.
Tex. Prop. Code § 209.011
Provides the owner a 180-day right of redemption after an HOA foreclosure sale.
Tex. Prop. Code § 209.0062 & § 209.0063
Require associations to offer payment plans and to apply payments to the oldest assessments first.
How to respond to a Texas HOA foreclosure threat
Steps to take when a Texas HOA threatens to lien or foreclose over delinquent assessments.
Get the itemized ledger
Request a written, itemized account. Confirm payments were applied to the oldest assessments first, not to fines and fees, as Texas requires.
Demand a payment plan
Chapter 209 requires associations to offer payment plans in many cases. Request one in writing; performing under a plan generally blocks foreclosure.
Verify the foreclosure route
Texas generally bars silent non-judicial HOA foreclosure. If they're not going through court or the expedited judicial process, that's a serious problem.
Dispute mischaracterized charges
If the 'assessment' balance is really fines, late fees, and attorney costs, dispute it in writing — those generally can't drive a foreclosure the same way.
Remember the 180-day redemption
Even after a sale, you have a 180-day right to redeem. Get counsel quickly, but know that window exists as a backstop.
Common questions
Can a Texas HOA foreclose on my home over dues?
Yes, but not silently. Under Tex. Prop. Code § 209.009 and § 209.0092, an HOA generally must use judicial or expedited judicial foreclosure — a court is involved — and only after the required delinquency notices and cure/payment-plan opportunities.
Is there a way to get my home back after the sale?
Yes. Tex. Prop. Code § 209.011 gives the former owner a 180-day right of redemption after an HOA foreclosure sale — one of the longest in the country.
Does the HOA have to offer me a payment plan?
In many cases, yes. Chapter 209 requires associations to offer payment plans to delinquent owners, and an owner performing under a plan generally can't be foreclosed on.
Can they apply my payments to fines first to keep me 'behind'?
No. Texas generally requires payments to be applied to the oldest assessments first, not steered to fines and fees. If your ledger shows otherwise, challenge it.