Can my HOA put a lien on my property for unpaid fines in Texas?

Short Answer

Yes, Texas HOAs can record a lien for unpaid fines if the governing documents authorize it and proper notice was given. However, under Texas Property Code §209.009(a), a Texas HOA generally cannot foreclose on a homestead property for fines alone — only for unpaid assessments or attorney fees related to assessments.

Relevant Texas Law

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Tex. Prop. Code §209.009 — Prohibits foreclosure based solely on HOA fines or fine-related attorney's fees.
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Tex. Prop. Code §202.004 — Governs enforcement of deed restrictions and prohibits arbitrary or discriminatory enforcement actions.

What this means for homeowners

A lien for fines is possible, but foreclosure on your homestead for fines alone is prohibited. Know the difference between fines and assessments.

Distinguish between fines (for violations) and assessments (regular HOA dues)
Request a written breakdown of any lien to confirm what it covers
Negotiate a payment plan to resolve fines before the HOA escalates to court
If the HOA threatens foreclosure for fines only on your homestead, consult a Texas attorney

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What this means for board members

Texas limits foreclosure on homesteads for fines. Focus on assessment collection for enforcement and use courts for fine collection.

✓ Confirm governing documents authorize liens for fines
✓ Distinguish between fines and assessments in all notices and liens
✓ Consult HOA counsel before recording a lien for fines
✓ Do not threaten foreclosure on a homestead for fines alone

Common Mistakes to Avoid

✕ Threatening foreclosure on a homestead solely for unpaid fines
✕ Combining fines and assessments in a lien without clearly identifying each
✕ Recording a lien without proper notice to the homeowner