HOA rules by state / Texas

Texas HOA dues, payment plan and collection rules

What Chapter 209 of the Texas Property Code says about HOA payment plans, how payments are applied, notices before a lien, foreclosure and records, with section numbers.

This page quotes Chapter 209, Texas Property Code (the Texas Residential Property Owners Protection Act). Every point below was read in the text published by the Texas Legislature (tcss.legis.texas.gov), shown there as current through the 89th Legislature, 2nd Called Session, 2025, on November 9, 2026. It is researched by DuesDesk and has not been reviewed by an attorney.

At a glance

• An association of more than 14 lots must adopt reasonable guidelines for an alternative payment schedule letting an owner make partial payments of delinquent amounts without additional monetary penalties. (Tex. Prop. Code 209.0062(a))
• Minimum plan term is three months; the association need not allow a plan extending more than 18 months from the request, need not offer one to an owner who defaulted on a previous plan in the prior two years, and need not allow more than one plan in any 12-month period. (Tex. Prop. Code 209.0062(b), (c))
• Unless the owner is in default under a payment plan, an owner's payment must be applied in this order: delinquent assessments; current assessments; attorney's fees or third-party collection costs tied solely to assessments or other foreclosable charges; other attorney's fees; fines; any other amount owed. (Tex. Prop. Code 209.0063(a))
• An owner cannot be held liable for a collection agent's fees unless the association first gives written notice by certified mail that specifies each delinquent amount and the total to make the account current and gives at least 45 days to cure. (Tex. Prop. Code 209.0064(b))
• Before filing an assessment lien the association must give a first notice of delinquency by first class mail or by e-mail to an address the owner has provided. (Tex. Prop. Code 209.0094(c), (d))
• The second notice of delinquency must go by certified mail, return receipt requested, not earlier than the 30th day after the first notice. (Tex. Prop. Code 209.0094(e))
• The association may not file an assessment lien before the 90th day after the second notice of delinquency was sent. (Tex. Prop. Code 209.0094(f))
• An association may not foreclose its assessment lien if the debt consists solely of fines, attorney's fees solely associated with fines, or amounts added under 209.005(i) or 209.0057(b-4). (Tex. Prop. Code 209.009)
• The owner or a lienholder of record may redeem the property not later than the 180th day after the association mails the written notice of sale. (Tex. Prop. Code 209.011(b))
• The owner must request by certified mail; the association must respond (send inspection dates, or produce copies) on or before the 10th business day after it receives the request, and if it cannot, must give written notice with a date not later than the 15th business day after that notice. (Tex. Prop. Code 209.005(e), (f))

What we did not find in the statute

People often ask about these. We looked for them in the text and did not find them. That is not the same as saying no such rule exists anywhere: other laws, court decisions and your own governing documents may add one.

• A cap on late fees for assessments. Chapter 209 does not set one. (We also searched Chapters 202 and 207. Other Texas law, such as the Finance Code, was not checked.)
• A cap on interest on overdue assessments. The only interest rate in the chapter is the one used when an owner redeems a home after foreclosure (s. 209.011).
• A limit on assessment increases or special assessments. The chapter requires those votes to happen in a properly noticed open board meeting (s. 209.0051(h)).
• A requirement for an annual budget, reserve study or audit.
• A default quorum for member meetings. Section 209.014(h) refers to the quorum in the bylaws.

Good to know

• Condominiums are excluded by s. 209.003(d). They are covered by Chapter 82 (the Uniform Condominium Act).
• The Texas State Law Library's guide says: "There is no Texas state agency that oversees property owners' associations." Management certificates are filed with the Texas Real Estate Commission and searchable at hoa.texas.gov.
• Payment plan guidelines are required of associations with more than 14 lots (s. 209.0062(a)).

The statute, point by point

Payment plans

Payment plan guidelines required. An association of more than 14 lots must adopt reasonable guidelines for an alternative payment schedule letting an owner make partial payments of delinquent amounts without additional monetary penalties. (Tex. Prop. Code 209.0062(a))

"A property owners' association composed of more than 14 lots shall adopt reasonable guidelines to establish an alternative payment schedule by which an owner may make partial payments"

What "monetary penalties" excludes. For the payment plan section, monetary penalties do not include reasonable plan administration costs or interest. (Tex. Prop. Code 209.0062(a))

"For purposes of this section, monetary penalties do not include reasonable costs associated with administering the payment plan or interest."

Payment plan term and limits. Minimum plan term is three months; the association need not allow a plan extending more than 18 months from the request, need not offer one to an owner who defaulted on a previous plan in the prior two years, and need not allow more than one plan in any 12-month period. (Tex. Prop. Code 209.0062(b), (c))

"The minimum term for a payment plan offered by a property owners' association is three months." ... "is not required to allow a payment plan for any amount that extends more than 18 months from the date of the owner's request for a payment plan"

Recording the payment plan guidelines. The association must file its payment plan guidelines in the real property records of each county where the subdivision is located. (Tex. Prop. Code 209.0062(d))

"A property owners' association shall file the association's guidelines under this section in the real property records of each county in which the subdivision is located."

Application of payments

Priority of payments. Unless the owner is in default under a payment plan, an owner's payment must be applied in this order: delinquent assessments; current assessments; attorney's fees or third-party collection costs tied solely to assessments or other foreclosable charges; other attorney's fees; fines; any other amount owed. (Tex. Prop. Code 209.0063(a))

"a payment received by a property owners' association from the owner shall be applied to the owner's debt in the following order of priority: (1) any delinquent assessment; (2) any current assessment;"

Payment priority when a payment plan is in default. If the owner is in default under a payment plan when the payment is received, the association need not follow that order, but a fine may not be given priority over any other amount owed. (Tex. Prop. Code 209.0063(b))

"the association is not required to apply the payment in the order of priority specified by Subsection (a); and (2) in applying the payment, a fine assessed by the association may not be given priority over any other amount owed to the association"

Notices before collections, credit reporting, lien, enforcement

Notice before charging collection agent fees. An owner cannot be held liable for a collection agent's fees unless the association first gives written notice by certified mail that specifies each delinquent amount and the total to make the account current and gives at least 45 days to cure. (Tex. Prop. Code 209.0064(b))

"may not hold an owner liable for fees of a collection agent retained by the association unless the association first provides written notice to the owner by certified mail" ... "provides a period of at least 45 days for the owner to cure the delinquency before further collection action is taken"

Contingent-fee collection agents. An owner is not liable for collection agent fees if the association's obligation to pay the agent is in any way dependent or contingent on amounts recovered. (Tex. Prop. Code 209.0064(c)(1))

"the obligation for payment by the association to the association's collection agent for fees or costs associated with a collection action is in any way dependent or contingent on amounts recovered"

Credit reporting. An association may report an owner's delinquent payment history to a credit reporting service only if it sends a detailed report of all delinquent charges at least 30 business days before and the owner has been given the opportunity to enter into a payment plan; it may not charge the owner a fee for the reporting; disputed amounts may not be reported. (Tex. Prop. Code 209.0065(a), (b), (c))

"at least 30 business days before reporting to a credit reporting service, the association sends, via certified mail, hand delivery, electronic delivery, or by other delivery means acceptable between the parties, a detailed report of all delinquent charges owed"

First delinquency notice before filing an assessment lien. Before filing an assessment lien the association must give a first notice of delinquency by first class mail or by e-mail to an address the owner has provided. (Tex. Prop. Code 209.0094(c), (d))

"Before a property owners' association files an assessment lien, the association must provide notices of delinquency in accordance with Subsections (d) and (e)."

Second delinquency notice. The second notice of delinquency must go by certified mail, return receipt requested, not earlier than the 30th day after the first notice. (Tex. Prop. Code 209.0094(e))

"The second notice of delinquency must be provided by certified mail, return receipt requested, to the property owner's last known mailing address, as reflected in the records maintained by the association, not earlier than the 30th day after notice is given under Subsection (d)."

90-day wait before lien filing. The association may not file an assessment lien before the 90th day after the second notice of delinquency was sent. (Tex. Prop. Code 209.0094(f))

"A property owners' association may not file an assessment lien before the 90th day after the date notice of delinquency was sent to the property owner under Subsection (e)."

Certified-mail notice before certain enforcement actions. Before suspending common-area use, filing most suits, charging for property damage, levying a fine, or reporting a delinquency to a credit reporting service, the association must give written notice by certified mail; the listed suits exclude a suit to collect a regular or special assessment or to foreclose the association's lien. (Tex. Prop. Code 209.006(a))

"file a suit against an owner other than a suit to collect a regular or special assessment or foreclose under an association's lien" ... "the association or its agent must give written notice to the owner by certified mail"

Hearing request. The enforcement notice must tell the owner they may request a board hearing on or before the 30th day after the notice was mailed; the association must hold the hearing not later than the 30th day after it receives the request. (Tex. Prop. Code 209.006(b)(2)(B); 209.007(c))

"may request a hearing under Section 209.007 on or before the 30th day after the date the notice was mailed to the owner" ... "shall hold a hearing under this section not later than the 30th day after the date the board receives the owner's request for a hearing"

Attorney's fees - prior written notice. The association may collect reimbursement of reasonable attorney's fees and costs only if the owner was given written notice that fees and costs will be charged if the delinquency or violation continues after a date certain. (Tex. Prop. Code 209.008(a))

"only if the owner is provided a written notice that attorney's fees and costs will be charged to the owner if the delinquency or violation continues after a date certain"

Foreclosure limits and redemption

No foreclosure for fines alone. An association may not foreclose its assessment lien if the debt consists solely of fines, attorney's fees solely associated with fines, or amounts added under 209.005(i) or 209.0057(b-4). (Tex. Prop. Code 209.009)

"may not foreclose a property owners' association's assessment lien if the debt securing the lien consists solely of: (1) fines assessed by the association;"

Court order required. Except as the section provides, an association may not foreclose its assessment lien unless it first obtains a court order in an application for expedited foreclosure under Supreme Court rules. (Tex. Prop. Code 209.0092(a))

"a property owners' association may not foreclose a property owners' association assessment lien unless the association first obtains a court order in an application for expedited foreclosure under the rules adopted by the supreme court"

Notice to junior lienholders, 61 days. Before applying for expedited foreclosure or filing for judicial foreclosure, the association must give written notice of the total delinquency to holders of recorded inferior deed-of-trust liens and an opportunity to cure before the 61st day after mailing. (Tex. Prop. Code 209.0091(a), (b))

"provided the recipient of the notice an opportunity to cure the delinquency before the 61st day after the date the association mails the notice described in Subdivision (1)"

Attorney's fees in nonjudicial foreclosure. Where the dedicatory instrument allows nonjudicial foreclosure, attorney's fees included in the sale are limited to the greater of one-third of actual costs and assessments (excluding attorney's fees, plus interest and court costs) or $2,500. (Tex. Prop. Code 209.008(f))

"is limited to the greater of: (1) one-third of the amount of all actual costs and assessments, excluding attorney's fees, plus interest and court costs, if those amounts are permitted to be included by law or by the restrictive covenants governing the property; or (2) $2,500"

Owner vote on foreclosure authority. A provision granting a right to foreclose a lien for unpaid association amounts may be removed from or adopted in a dedicatory instrument by a vote of at least 67 percent of the total votes allocated to owners. (Tex. Prop. Code 209.0093)

"may be removed from a dedicatory instrument or adopted in a dedicatory instrument by a vote of at least 67 percent of the total votes allocated to property owners in the property owners' association"

Notice after foreclosure sale. An association that conducts a foreclosure sale must, not later than the 30th day after the sale, send the lot owner and each lienholder of record written notice of the sale and of the right to redeem. (Tex. Prop. Code 209.010(a))

"not later than the 30th day after the date of the foreclosure sale, a written notice stating the date and time the sale occurred and informing the lot owner and each lienholder of record of the right of the lot owner and lienholder to redeem the property under Section 209.011"

Right of redemption, 180 days. The owner or a lienholder of record may redeem the property not later than the 180th day after the association mails the written notice of sale. (Tex. Prop. Code 209.011(b))

"may redeem the property from any purchaser at a sale foreclosing a property owners' association's assessment lien not later than the 180th day after the date the association mails written notice of the sale to the owner and the lienholder under Section 209.010"

Board meetings, votes, annual meeting

Open board meetings. Regular and special board meetings must be open to owners, subject to the board's right to reconvene in closed executive session for listed matters. (Tex. Prop. Code 209.0051(c))

"Regular and special board meetings must be open to owners, subject to the right of the board to adjourn a board meeting and reconvene in closed executive session"

Board meeting notice. Members must be given notice of the date, hour, place and general subject of a board meeting, either mailed not later than the 10th day or earlier than the 60th day before the meeting, or provided at least 144 hours before a regular meeting and at least 72 hours before a special meeting by posting plus e-mail to registered addresses. (Tex. Prop. Code 209.0051(e))

"mailed to each property owner not later than the 10th day or earlier than the 60th day before the date of the meeting; or (2) provided at least 144 hours before the start of a regular board meeting and at least 72 hours before the start of a special board meeting"

Actions that require a noticed open board meeting. The board may not consider or vote on listed matters, including increases in assessments, levying of special assessments, initiation of foreclosure actions and approval of an annual budget, except in an open meeting for which prior notice was given to owners. (Tex. Prop. Code 209.0051(h)(3), (5), (6), (11))

"The board may not, unless done in an open meeting for which prior notice was given to owners under Subsection (e), consider or vote on: (1) fines; (2) damage assessments; (3) initiation of foreclosure actions;"

Notice of owner election or vote. For an election or vote at a meeting of owners, written notice must be given not later than the 10th day or earlier than the 60th day before; for a vote not taken at a meeting, notice must be given not later than the 20th day before the latest date a ballot may be submitted. (Tex. Prop. Code 209.0056(a), (a-1))

"not later than the 10th day or earlier than the 60th day before the date of the election or vote, a property owners' association shall give written notice of the election or vote" ... "The notice shall be given not later than the 20th day before the latest date on which a ballot may be submitted to be counted."

Annual meeting. The board must call an annual meeting of the members regardless of any dedicatory instrument provision. (Tex. Prop. Code 209.014(a))

"Notwithstanding any provision in a dedicatory instrument, a board of a property owners' association shall call an annual meeting of the members of the association."

Records: access, cost, retention

Owner access to books and records. The association must make its books and records, including financial records, open to and reasonably available for examination by an owner or the owner's designated agent, attorney or CPA. (Tex. Prop. Code 209.005(c))

"a property owners' association shall make the books and records of the association, including financial records, open to and reasonably available for examination by an owner"

Records request procedure and deadline. The owner must request by certified mail; the association must respond (send inspection dates, or produce copies) on or before the 10th business day after it receives the request, and if it cannot, must give written notice with a date not later than the 15th business day after that notice. (Tex. Prop. Code 209.005(e), (f))

"must submit a written request for access or information under Subsection (c) by certified mail" ... "produce the requested books and records for the requesting party on or before the 10th business day after the date the association receives the request" ... "not later than the 15th business day after the date notice under this subsection is given"

Charging for records. The board must adopt a records production and copying policy prescribing costs; the association may not charge an owner for records unless that policy has been recorded. (Tex. Prop. Code 209.005(i))

"An association may not charge an owner for the compilation, production, or reproduction of information requested under this section unless the policy prescribing those costs has been recorded as required by this subsection."

Document retention. An association of more than 14 lots must adopt and comply with a retention policy that at minimum keeps: governing documents permanently; financial books and records seven years; account records of current owners five years; contracts of a year or more four years after expiration; minutes seven years; tax returns and audit records seven years. (Tex. Prop. Code 209.005(m))

"(2) financial books and records shall be retained for seven years; (3) account records of current owners shall be retained for five years;"

Management certificate, recording, website, contracts

Management certificate. The association must record a management certificate in each county where the subdivision is located, record an amended one within 30 days of notice of a change, and electronically file it with the Texas Real Estate Commission within seven days after filing for recording. (Tex. Prop. Code 209.004(a), (b), (b-1))

"Not later than the seventh day after the date a property owners' association files a management certificate for recording under Subsection (a)" ... "the property owners' association shall electronically file the management certificate or amended management certificate with the Texas Real Estate Commission"

Effect of an unrecorded/unfiled management certificate on collection. An owner is not liable for attorney's fees for collecting a delinquent assessment, or for interest on it, incurred or accruing while a management certificate is not recorded with the county clerk or electronically filed with TREC as required. (Tex. Prop. Code 209.004(e))

"An owner is not liable for attorney's fees incurred by a property owners' association relating to the collection of a delinquent assessment against the owner or interest on the amount of a delinquent assessment"

Website for dedicatory instruments. An association of a subdivision of at least 60 lots, or one that has contracted with a management company, must make the current dedicatory instruments available on a website available to members. (Tex. Prop. Code 207.006(a), (b))

"the property owners' association of a subdivision composed of at least 60 lots; or (2) a property owners' association that has contracted with a management company"

Unfiled dedicatory instrument and regular assessments. An association may not collect a regular assessment if the dedicatory instrument authorizing it is not filed in the county real property records. (Tex. Prop. Code 202.006(c))

"A property owners' association may not collect a regular assessment, as defined by Section 209.002, if the dedicatory instrument authorizing the collection of the regular assessment is not filed as required by Subsection (a)."

Bids for larger service contracts. An association proposing to contract for services costing more than $50,000 must solicit bids or proposals using a bid process it has established. (Tex. Prop. Code 209.0052(c))

"an association that proposes to contract for services that will cost more than $50,000 shall solicit bids or proposals using a bid process established by the association"

Fine policy. A board of an association authorized to levy fines must adopt an enforcement policy that includes categories of covenants subject to fines, a schedule of fines, and hearing information. (Tex. Prop. Code 209.0061(b))

"A property owners' association board shall adopt an enforcement policy regarding the levying of fines by the property owners' association."

How this page is kept accurate

• Statute text last checked: November 9, 2026. We re-check every six months and after each legislative session.
• Each quotation was compared word for word with the official text by a program, not retyped.
• We quote; we do not interpret. If your situation turns on one of these rules, read the full section and ask an attorney licensed in the state.
• Found something out of date? Write to support@duesdesk.app.

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