Texas HOA Foreclosure

Section 1: Overview

Texas puts more procedural guardrails around property owners' association (POA) assessment-lien foreclosure than nearly any other state in the country. Under Texas Property Code Section 209.0092, a POA generally cannot foreclose an assessment lien unless it first secures a court order through an expedited proceeding under Texas Rule of Civil Procedure 736 — or pursues judicial foreclosure — and even after a completed sale, the former owner holds a distinctive post-sale right of redemption.^1,2

The governing law splits by community type. Condominiums organized under declarations recorded on or after January 1, 1994, fall under the Texas Uniform Condominium Act — Chapter 82 of the Property Code. Condominiums created before that date remain under the older Texas Condominium Act (Chapter 81), though a specific set of Chapter 82 provisions, including the key assessment-lien section, reach back and apply to them retroactively.³ Planned subdivisions and other residential developments operate under Chapter 209, the Texas Residential Property Owners Protection Act — formally named the Wenonah Blevins Residential Property Owners Protection Act for the 82-year-old widow whose home was auctioned in a 2001 foreclosure she never knew was happening.¹

The Rule 736 requirement applies only to POA assessment liens. Condominium associations under Section 82.113 can foreclose nonjudicially under a statutory power of sale and Chapter 51 without obtaining a Rule 736 order.⁴ Redemption periods differ as well: POA owners get 180 days after the association mails its post-sale notice under Section 209.011, while condominium owners get 90 days measured from the date of the foreclosure sale under Section 82.113(g).^5,6

Texas homestead protection ranks among the strongest in the nation, but it does not stop an HOA or POA from foreclosing an assessment lien. Owners take title subject to the recorded declaration, which means the assessment lien attaches to the homestead and can be enforced — what Texas law provides instead is a robust set of procedural constraints, not a flat prohibition.^7,8 Civil HOA foreclosure appeals run through the Texas Courts of Appeals to the Supreme Court of Texas — not the Court of Criminal Appeals, which handles only criminal matters.

The rest of this page covers the statutory framework, the procedural sequence, recent legislative and judicial activity, and where Texas sits in the national landscape.

Section 2: The statutory framework

2A. The condominium statutes: Chapter 82 and Chapter 81

The Texas Uniform Condominium Act — TUCA, Chapter 82 of the Property Code — draws on the Uniform Common Interest Ownership Act and covers every condominium whose declaration was recorded on or after January 1, 1994.³ Chapter 82 also reaches older condominiums in two ways: a pre-1994 condominium can opt into Chapter 82 in full through an owner vote and a recorded amendment, and a specific list of Chapter 82 sections applies retroactively to pre-1994 condominiums regardless, including Section 82.113, the assessment-lien provision.³ Condominiums created before January 1, 1994, that have not opted in continue under Chapter 81, supplemented by those retroactive Chapter 82 provisions.³

Section 82.113 creates the condominium association's assessment lien. The lien secures a broad category of "assessments" — regular and special assessments, dues, fees, charges, interest, late fees, fines, collection costs, attorney's fees, and any other amount the declaration includes.⁴ Recordation of the declaration itself creates and perfects the lien automatically; no separate notice of lien is required unless the declaration says otherwise.⁴ On priority, Section 82.113(b) gives the association's lien seniority over other liens with four exceptions: a lien for real property taxes and governmental charges; a lien or encumbrance recorded before the declaration; a first vendor's lien or first deed of trust lien recorded before the delinquent assessment became due; and, absent contrary declaration language, certain construction and insurance-proceeds liens.⁴

This is not a super-priority regime. Texas does not give the condominium lien any slice that primes a pre-existing recorded first mortgage. There is no Nevada-style nine-month super-priority and no standard UCIOA super-priority under Section 82.113. Compare that to the Uniform Common Interest Ownership Act Section 3-116, which gives a six-month assessment super-priority over a first security interest, or Nevada's NRS 116.3116(2), which "splits" the HOA lien so the last nine months of unpaid dues and certain charges prime a first deed of trust — a structure the Nevada Supreme Court confirmed in SFR Investments Pool 1, LLC v. U.S. Bank, N.A., 334 P.3d 408 (Nev. 2014).⁴

Condominium foreclosure procedure differs from the POA track. Section 82.113(d) provides that by acquiring a unit, an owner grants the association a power of sale, which the association exercises under Section 51.002 unless the declaration says otherwise.⁴ Section 82.113(e) authorizes foreclosure "judicially or by nonjudicial foreclosure" under that power of sale, but bars foreclosure of a lien consisting solely of fines.⁴ Because the Rule 736 requirement of Section 209.0092 does not apply to condominium associations, a condominium association holding a power of sale can proceed directly to a nonjudicial trustee's sale under Chapter 51.^4,9 The condominium post-sale redemption period under Section 82.113(g) runs for 90 days from the date of the foreclosure sale — not 180 days — and the trigger and computation differ from the POA redemption right.⁶

2B. The Residential Property Owners Protection Act (Chapter 209)

Chapter 209, the Texas Residential Property Owners Protection Act, governs residential POAs: associations in residential subdivisions whose declarations authorize mandatory assessments. It does not cover condominiums, which fall under Chapter 82 or Chapter 81.¹ Chapter 209 is a bespoke Texas framework — not a UCIOA enactment — and it layers significant pre-foreclosure requirements on top of any lien the recorded declaration creates.

The pre-foreclosure protections are extensive. Section 209.0062 requires a POA of more than 14 lots to offer an alternative payment schedule that lets a delinquent owner pay in installments without additional monetary penalties; the plan must run at least three months, and the association need not extend it beyond 18 months from the owner's request.¹⁰ Section 209.0063 sets a mandatory priority-of-payments rule: a payment from an owner goes first to delinquent assessments and other charges that could form the basis for foreclosure, then to attorney's fees unconnected to foreclosable charges, and last to fines.¹¹ Section 209.0094 governs assessment-lien filing, and Section 209.010 sets the post-sale notice obligation.¹

The defining mechanic is Section 209.0092, captioned "Judicial Foreclosure Required." A POA cannot foreclose its assessment lien unless it first obtains a court order through an expedited foreclosure proceeding under the Supreme Court's rules — or unless the owner, at the time foreclosure is sought, agrees in writing to waive expedited foreclosure.¹ A POA may instead elect judicial foreclosure by securing a court judgment ordering the sale.¹ Section 209.009 bars foreclosure entirely when the debt securing the lien consists solely of fines, attorney's fees incurred solely in connection with fines, or certain amounts added under Sections 209.005(i) or 209.0057(b-4).¹²

The POA post-sale redemption right under Section 209.011 runs no later than the 180th day after the date the association mails written notice of the sale to the owner and any lienholder of record. A lienholder of record cannot redeem before the 90th day after that mailing, and only if the owner has not already redeemed.⁵ Redemption requires payment of amounts due the association, interest at the rate in the dedicatory instruments or 10 percent if none is stated, foreclosure and conveyance costs including reasonable attorney's fees, post-sale assessments, and — where a third party purchased at the sale — the price that third party paid.⁵

2C. Non-judicial foreclosure, Rule 736, homestead, and federal overlays

Texas runs primarily on nonjudicial foreclosure for mortgages. Section 51.002 governs the trustee's sale: a public auction held between 10 a.m. and 4 p.m. on the first Tuesday of the month at the county courthouse, with notice given at least 21 days before the sale by posting at the courthouse door, filing with the county clerk, and serving the debtor by certified mail. Residential debtors also receive at least 20 days to cure before the notice of sale issues under Section 51.002(d).⁹

Rule 736 of the Texas Rules of Civil Procedure supplies an expedited, application-based court proceeding for obtaining an order that authorizes foreclosure of enumerated liens — home equity liens, property tax loans, and POA assessment liens under Section 209.0092.² The Rule 736 order then authorizes a subsequent nonjudicial sale under Section 51.002; the proceeding is purely procedural and does not change substantive foreclosure requirements.²

Texas homestead protection under Article XVI, Section 50 of the Texas Constitution ranks among the strongest in the country, but HOA and POA assessment liens represent an established exception.⁷ Because an owner takes title subject to a declaration already on record, the assessment lien attaches and can be foreclosed against a homestead — a point the Supreme Court of Texas confirmed in Inwood North Homeowners' Association v. Harris, which held that "the Homeowners' Association is entitled to the foreclosure of the contractual lien it has on the houses of delinquent owners," while openly acknowledging "the harshness of the remedy of foreclosure."⁸ Homestead status does not bar the foreclosure; the Chapter 209 and Rule 736 procedures must be followed strictly, but they do not constitute a shield against the lien itself.

Federal overlays apply throughout. Under Obduskey v. McCarthy & Holthus LLP, a business engaged in no more than nonjudicial foreclosure is not a "debt collector" under the Fair Debt Collection Practices Act except for the limited purpose of Section 1692f(6); an entity that also collects the debt by other means carries broader FDCPA exposure.¹³ The Servicemembers Civil Relief Act can stay a foreclosure against an active-duty servicemember, and a bankruptcy filing triggers the automatic stay.

Section 3: The Texas HOA/POA foreclosure procedural sequence

A. Lien establishment and recording

For condominiums, Section 82.113(a) makes an assessment a personal obligation of the unit owner and secures it with a continuing lien on the unit and on rents and insurance proceeds relating to the unit.⁴ Section 82.113(c) creates and perfects that lien automatically upon recordation of the declaration, which constitutes record notice — no separate recording is required unless the declaration directs otherwise.⁴ The lien secures the broad statutory category of assessments, subject to the priority carve-outs of Section 82.113(b).⁴

For POAs, the assessment lien arises under the recorded declaration as the dedicatory instruments authorize — not from a self-executing statute — and Chapter 209 then limits and conditions enforcement.¹ Section 209.0094 addresses assessment-lien filing for POAs.¹ For both community types, the recorded declaration supplements the statutory minimum, specifying exactly which charges fall within the lien and setting the applicable interest rate.

B. Pre-foreclosure notice, cure, and Chapter 209 protections

For POAs, the pre-foreclosure sequence is the core of Chapter 209. The association must provide notice of delinquency and an opportunity to cure, must make an alternative payment plan available under Section 209.0062 where the association exceeds 14 lots, and must apply any payments received in the priority order Section 209.0063 sets — with fines applied last.^10,11 Section 209.009 prohibits foreclosure when the lien debt consists solely of fines or fines-related attorney's fees, which owners frequently raise as a challenge.¹² After a sale, Section 209.010 requires the association to notify the former owner and lienholders of record.⁵

Condominium associations under Chapter 82 do not face the Chapter 209 notice-and-cure regime, though they remain barred from foreclosing a fines-only lien under Section 82.113(e) and must follow their declarations.⁴ A third-party collector pursuing the debt outside the nonjudicial sale step may qualify as a "debt collector" subject to full FDCPA exposure, and counsel should check for bankruptcy filings and Servicemembers Civil Relief Act protections before proceeding.¹³

C. Rule 736 order or judicial foreclosure, then sale

For a POA assessment lien, Section 209.0092 generally bars foreclosure unless the association first obtains a court order through a Rule 736 expedited foreclosure proceeding — or pursues judicial foreclosure under a court judgment ordering the sale — unless the owner agrees in writing, at the time foreclosure is sought, to waive expedited foreclosure.^1,2 In a Rule 736 proceeding, the applicant files an application for an expedited order; the owner and any occupant are served and may file a response and request a hearing; if no response comes, the court may issue the order without a hearing.² The Rule 736 order then authorizes a nonjudicial sale under Section 51.002, conducted on the first Tuesday of the month by a trustee with the statutory 21-day notice.⁹

Condominium-lien foreclosure under Chapter 82 follows a different path. Sections 82.113(d) and (e) give the association a power of sale to foreclose nonjudicially under Section 51.002 directly — without a Rule 736 order — unless the declaration limits the association to judicial foreclosure.⁴ This is the single most consequential operational difference between the two community types in Texas.

D. Post-sale redemption and remedies

The POA post-sale redemption right under Section 209.011 runs no later than the 180th day after the date the association mails written notice of the sale under Section 209.010. A lienholder of record may redeem only after the 90th day following that mailing, and only if the owner has not already redeemed.⁵ The redeeming owner must pay amounts due the association, interest, foreclosure and conveyance costs including attorney's fees, post-sale assessments, and — for a third-party purchaser — the price paid at the sale. On redemption, the purchaser executes a deed to the owner, and the property remains subject to pre-existing liens and encumbrances.⁵

The condominium redemption period under Section 82.113(g) runs 90 days from the date of the foreclosure sale, with a parallel but distinct payment computation — for a third-party purchaser, that includes interest on the bid amount at six percent.⁶ A purchaser of occupied property must go through a forcible entry and detainer action to recover possession and may not transfer ownership to anyone other than a redeeming owner during the redemption window.⁵ Surplus proceeds and any deficiency follow general law and the declaration.

Section 4: Recent legislative and judicial activity

A. Recent bills

Texas amends its association statutes every biennial session. The 89th Legislature (2025) produced two significant measures affecting condominium and POA governance.

Notably, the 89th Legislature left the core foreclosure mechanics untouched. Sections 209.0092, 209.011, and 82.113 remain as described above — the Rule 736 requirement and redemption periods are unchanged.

B. Recent appellate rulings

The two most recent Texas appellate decisions in this area turned on procedural compliance — not on substantive construction of the foreclosure or redemption statutes. That pattern signals that courts treat the core mechanics as settled and that most litigation comes down to whether associations followed the rules precisely.

C. Active legislative debates

Recent sessions have concentrated on transparency, electronic governance, and owner-protective limits on fines and enforcement rather than on the foreclosure mechanics themselves. Stakeholder groups continue to press incremental refinements to Chapter 209 and Chapter 82 each biennium, but the core foreclosure framework has remained stable.

Section 5: National positioning and related coverage

Texas is a large, heavily proceduralized HOA/POA foreclosure jurisdiction. Although it runs primarily on nonjudicial foreclosure for mortgages, POA assessment-lien foreclosure generally requires a Rule 736 court order or judicial foreclosure under Section 209.0092, and it carries a post-sale redemption right not found in ordinary Texas mortgage foreclosures.^1,5

That combination sets Texas apart on three fronts. First, it differs from pure trustee-sale states that offer no redemption after an association sale. Second, it differs from UCIOA super-priority states such as Nevada, where NRS 116.3116(2) and SFR Investments Pool 1, LLC v. U.S. Bank, N.A. give an HOA's last nine months of dues priority over a first deed of trust. Third, it differs from strict judicial-foreclosure states. Texas grants no Nevada-style super-priority: the condominium lien under Section 82.113 does not prime a pre-existing recorded first mortgage.⁴

For multi-state operators, the practical implication is direct: a Texas POA foreclosure cannot run as a simple nonjudicial trustee's sale, and the condominium and POA tracks diverge sharply on both the court-order requirement and the redemption period.

Recommendations

1. Triage by community type first. Before any collection action, confirm whether the community is a condominium (Chapter 82, or Chapter 81 plus retroactive Chapter 82 provisions) or a residential subdivision POA (Chapter 209). Misclassification is the root cause of most procedural failure. If the assessment data and declaration support foreclosure, route condominium liens to the Chapter 51 power-of-sale track and POA liens to the Section 209.0092 Rule 736 or judicial track.
2. For POA liens, treat Rule 736 as mandatory absent a written waiver. Do not post a POA assessment lien for a first-Tuesday trustee's sale without a Rule 736 court order, a judicial-foreclosure judgment, or a written owner waiver obtained at the time foreclosure is sought. Build the Chapter 209 pre-foreclosure record — delinquency notice, opportunity to cure, payment plan under Section 209.0062 where applicable, priority-of-payments compliance under Section 209.0063 — before filing the Rule 736 application.
3. Confirm the debt is foreclosable. Verify under Section 209.009 (POAs) and Section 82.113(e) (condominiums) that the lien does not consist solely of fines or fines-related attorney's fees. A fines-only foreclosure is the most reliably reversible action in this area.
4. Calendar the correct redemption period separately for each track. Use 180 days from the mailing of the Section 209.010 notice for POAs and 90 days from the sale date for condominiums under Section 82.113(g). Do not transfer title or make substantial improvements during the redemption window, and complete the forcible-entry-and-detainer process for possession.
5. Watch for changes each biennial session. A future session extending the Rule 736 requirement to condominium liens, amending the Section 209.011 or Section 82.113(g) redemption periods, or altering Section 82.113 lien priority would change this analysis. Re-verify before each quarterly update.

Caveats

This page states the law as verified against primary sources current to June 15, 2026, but Texas amends Chapters 82 and 209 every biennial session, and dedicatory instruments frequently impose stricter or additional requirements than the statutory minimum — the declaration controls where it is more protective. The two verified recent appellate decisions cited turned on procedural grounds rather than substantive construction of the foreclosure or redemption statutes; read them as illustrations of how courts scrutinize procedural compliance, not as authority interpreting the redemption or expedited-foreclosure mechanics. Lien priority depends on recording dates and the specific declaration; the priority summary here reflects the statutory default under Section 82.113(b) and may be displaced by declaration terms or by intervening tax liens. This page is regulatory intelligence, not legal advice, and associations should confirm each step with Texas counsel before acting.

Footnotes

1. Tex. Prop. Code §§ 209.0092, 209.001, 209.010, 209.0094 (West 2025) ↩
2. Tex. R. Civ. P. 736 (Expedited Foreclosure Proceeding) ↩
3. Tex. Prop. Code § 82.002 (West 2025) ↩
4. Tex. Prop. Code § 82.113 (West 2025) ↩
5. Tex. Prop. Code § 209.011 (West 2025) ↩
6. Tex. Prop. Code § 82.113(g) (West 2025) ↩
7. Tex. Const. art. XVI, § 50 ↩
8. Inwood N. Homeowners' Ass'n, Inc. v. Harris, 736 S.W.2d 632, 636 (Tex. 1987) ↩
9. Tex. Prop. Code § 51.002 (West 2025) ↩
10. Tex. Prop. Code § 209.0062 (West 2025) ↩
11. Tex. Prop. Code § 209.0063 (West 2025) ↩
12. Tex. Prop. Code § 209.009 (West 2025) ↩
13. Obduskey v. McCarthy & Holthus LLP, 586 U.S. 466 (2019) ↩
14. SB 711, 89th Leg., R.S. (2025) (adding Tex. Prop. Code § 82.1142; TREC filing deadline Mar. 1, 2026) ↩
15. SB 2629, 89th Leg., R.S. (2025) ↩
16. McDole v. Bauer Landing Homeowners Ass'n, Inc., No. 01-23-00963-CV (Tex. App.—Houston [1st Dist.] Dec. 12, 2024) ↩
17. Byrd v. Villages of Woodland Springs Homeowners Ass'n, Inc., No. 02-23-00078-CV (Tex. App.—Fort Worth July 25, 2024) ↩