Does my HOA have to offer me a payment plan before recording a lien in Texas?

Short Answer

For many Texas HOAs, yes. Under Texas Property Code §209.0062, an HOA with more than 14 lots must generally offer a written payment plan before recording an assessment lien for delinquent assessments. This requirement may not apply if the owner previously defaulted on a payment plan with the association. HOAs with 14 or fewer lots are generally exempt from this requirement.

Relevant Texas Law

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Tex. Prop. Code §209.0062 — Requires HOAs with more than 14 lots to offer payment plans before recording an assessment lien.
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Tex. Prop. Code §209.0094 — Requires a multi-step notice process before an HOA may record an assessment lien.

What this means for homeowners

If your HOA has more than 14 lots, Texas law may require them to offer a payment plan before recording a lien. Request one in writing immediately upon receiving any delinquency notice.

Submit a written payment plan request to the HOA as soon as you receive a delinquency notice
If §209.0062 applies to your HOA (14+ lots), they generally must offer a plan before recording a lien
Review the plan terms carefully — confirm the monthly amount and due dates
Make all payments on time to prevent the HOA from proceeding to a lien
Keep copies of all payment plan communications and receipts

Can I stop the lien by requesting a payment plan?

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What this means for board members

Where §209.0062 applies, the payment plan offer is required before recording a lien. Document the offer and all plan communications.

✓ Where §209.0062 applies (14+ lot associations), offer a payment plan in writing before recording any lien
✓ Document the plan offer and the member's response
✓ Apply payments in order: assessments first, then interest and fees
✓ If the member defaults on the plan, the HOA may then proceed with the lien
✓ Retain all payment plan records in the association's collection files

Common Mistakes to Avoid

✕ Recording a lien without first offering a payment plan
✕ Offering a plan with terms shorter than 3 months
✕ Not documenting the payment plan offer in writing