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Texas · HOATexas HOA liens: notices, foreclosure by court order and the 180-day redemption

A Texas property owners' association must send a first delinquency notice by mail or email and a second by certified mail at least 30 days later, and can't file an assessment lien until 90 days after the second (Tex. Prop. Code §209.0094). Before an owner can be charged a collection agent's fees, the association must send a certified notice with the amounts due and at least 45 days to cure (§209.0064). It can't foreclose when the debt is only fines and related attorney's fees (§209.009), must first give each deed-of-trust lienholder written notice and 61 days to cure (§209.0091), and needs a court order – expedited or judicial – to foreclose (§209.0092). Within 30 days after a foreclosure sale it must notify the owner and lienholders of the right to redeem (§209.010). The owner, or after 90 days a lienholder if the owner hasn't, can redeem up to the 180th day after that notice is mailed, by paying the amounts due, interest, foreclosure costs and later assessments; during that period the buyer at the sale may not transfer the property to anyone except a redeeming owner (§209.011).

What the statute sets

  1. Before the lien (§209.0094)

    First notice by mail or email; second by certified mail 30+ days later; lien no sooner than 90 days after it.

  2. Collections (§209.0064)

    Certified notice with amounts due and 45 days to cure before collection-agent fees.

  3. Foreclosure limits (§§209.009–209.0092)

    Not for fines alone; 61-day cure notice to deed-of-trust lienholders; court order required.

  4. After the sale (§209.010)

    Notice of the sale and the right to redeem within 30 days, by certified mail.

  5. Redemption (§209.011)

    Up to 180 days after that notice; no resale to anyone but the redeeming owner meanwhile.

What the TC checks

  • On a listing with HOA arrears, order the association's payoff figure early and send it to the title company.
  • If the seller bought the property at an HOA foreclosure sale, confirm the 180-day redemption period has ended before setting closing.
  • Keep the post-sale notice date on the file – the redemption period runs from when it was mailed.

Questions about Texas HOA foreclosure

Can a Texas HOA foreclose for unpaid fines?

Not when the debt consists only of fines, attorney's fees tied solely to fines, or certain amounts added under §§209.005(i) or 209.0057(b-4) (Tex. Prop. Code §209.009).

Can you buy a house the seller got at an HOA foreclosure sale in Texas?

Not from that buyer during the redemption period: the purchaser at the sale may not transfer ownership to anyone other than a redeeming owner until the 180-day period after the association's post-sale notice has run (Tex. Prop. Code §209.011(b), (c)).

What does it cost to redeem after an HOA foreclosure in Texas?

When the association bought at the sale: the amounts due at the sale, interest at the dedicatory instruments' rate or 10% a year, foreclosure and conveyance costs including reasonable attorney's fees, later assessments and other reasonable costs listed in the statute (Tex. Prop. Code §209.011(d)).

Related guides

Put the HOA payoff request and any redemption deadline on the deal as dated tasks in ClosingCode.

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Sources: Tex. Prop. Code §§209.0064, 209.009, 209.0091, 209.0092, 209.0094, 209.010, 209.011 (statutes.capitol.texas.gov), read October 29, 2026.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.