Does my HOA have to offer me a payment plan before recording a lien in Texas?
Reviewed May 2026📘 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
- § Tex. Prop. Code §209.0062 — Requires HOAs with more than 14 lots to offer payment plans before recording an assessment lien.
- § 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?
Ask Lexi about your assessment or lien🏢 What This Means for Boards and Managers
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
People Also Ask
How long must a Texas HOA payment plan be?
What happens if I default on my Texas HOA payment plan?
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Last reviewed: 2026-05-09 · Version 2026.2