Can my HOA put a lien on my property for unpaid assessments in Texas?
Reviewed July 2026📘 Short Answer
Yes. A Texas property owners' association may record an assessment lien for unpaid assessments or other charges owed to the association, but it must follow the notice process in Tex. Prop. Code §209.0094 before filing the lien. The association must send a first delinquency notice by first-class mail or email, then a second notice by certified mail no earlier than 30 days later, and it may not file the assessment lien until at least 90 days after the second notice is sent. Foreclosure of an assessment lien is a separate, later process that generally requires court involvement under §209.0092.
⚖️ Relevant Texas Law
- § Tex. Prop. Code §209.0094 — Requires a multi-step notice process before an HOA may record an assessment lien.
- § Tex. Prop. Code §209.0062 — Requires many Texas property owners' associations to adopt and record guidelines for alternative payment schedules.
- § Tex. Prop. Code §209.009 — Prohibits foreclosure of an assessment lien when the debt consists solely of fines or certain related charges.
- § Tex. Prop. Code §209.0092 — Requires judicial procedures before foreclosure of an HOA assessment lien.
🏠 What This Means for Homeowners
An HOA lien clouds your title. Texas law gives you notice and time to respond before a lien can be recorded — more than many homeowners realize.
- ✓ Review the governing documents to confirm the HOA has lien authority and understand what charges may be included
- ✓ Review the notice carefully to confirm the amount and charges are accurate
- ✓ Request an itemized payoff statement in writing from the HOA
- ✓ Request a payment plan in writing — many Texas HOAs are required to offer one
- ✓ Check the county deed records to confirm whether a lien has been recorded
- ✓ Consult a Texas attorney if you believe the lien was improperly recorded
What are my options after receiving an HOA lien notice?
Ask Lexi about your assessment or lien🏢 What This Means for Boards and Managers
Texas law requires a multi-step notice process before an assessment lien can be recorded. A lien recorded without completing this process may be subject to challenge.
- ✓ Review the governing documents to confirm the association has lien authority and what charges may be included
- ✓ Follow the full notice process required by §209.0094 before recording any lien
- ✓ Send the first delinquency notice by first-class mail or email
- ✓ Send the second delinquency notice by certified mail, return receipt requested, no earlier than 30 days after the first notice
- ✓ Wait at least 90 days after the second notice before recording the assessment lien
- ✓ Document payment-plan options when §209.0062 applies
- ✓ Include the amount owed, breakdown of charges, and contact information
- ✓ Record the lien in the county deed records only after the notice process is complete
- ✓ Retain proof of all mailed or emailed notices in the association's records
⚠️ Common Mistakes to Avoid
- ✕ Using the wrong delivery method for either delinquency notice
- ✕ Recording the lien before the full notice process is complete
- ✕ Failing to account for payment-plan rights before escalating collection
- ✕ Treating fines-only debt as a basis for foreclosure
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Last reviewed: 2026-07-13 · Version 2026.3