Texas HB 886 (Property Code 209.0094): Two Notices Before an HOA Assessment Lien

Quick Answer

Texas House Bill 886 (2023) rewrote Property Code § 209.0094 so that a property owners' association cannot file an assessment lien until it has sent two delinquency notices and waited. The first notice goes by first class mail or email, the second by certified mail at least 30 days later, and no lien can be filed before the 90th day after the second notice was sent. It took effect September 1, 2023 and applies to assessments that became delinquent on or after that date.

At a Glance

What the Law Says

Section 209.0094 already existed (added in 2011, effective January 1, 2012). It said an assessment lien filed in the county records is a legal instrument affecting title to real property. H.B. 886 kept that idea, added a definition, and added new subsections (c) through (g) that set a notice sequence before any lien is filed.

• Definition, (a): "assessment lien" means "a lien, lien affidavit, or other lien instrument evidencing the nonpayment of assessments or other charges owed to a property owners' association."
• Gate, (c): "Before a property owners' association files an assessment lien, the association must provide notices of delinquency in accordance with Subsections (d) and (e)."
• First notice, (d): must go by first class mail to the owner's last known mailing address in the association's records, or by email to an email address the owner has provided to the association.
• Second notice, (e): must go by "certified mail, return receipt requested" to the owner's last known mailing address, "not earlier than the 30th day after notice is given" under (d).
• Waiting period, (f): the 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)."
• Servicemembers, (g): subsections (c), (d) and (e) "do not apply" to an association that is giving an owner covered by the Servicemembers Civil Relief Act "the protections to which the owner is entitled under the Act."

Section 2 of the bill limits the change: it "applies only to an assessment that becomes delinquent on or after the effective date." An assessment that became delinquent before September 1, 2023 is governed by the prior law.

What This Means in Practice

Notice math

Our reading of the arithmetic: if the first notice goes out on day 0 and the second (certified) notice goes out on day 30, the earliest the lien can be filed is the 90th day after day 30, which is day 120 counted from the first notice. A later second notice pushes the earliest filing date later by the same number of days. The 90 days run from the date the second notice "was sent," not from the date the owner received it.

For boards

• Keep proof of the date and method of each notice. The statute ties the clock to the date of the second notice, so the file should show it.
• Use the owner's "last known mailing address, as reflected in records maintained by the association." Email counts for the first notice only if it is an address the owner "has provided" to the association.
• Check your calendar before any lien filing is authorized. The sequence is first notice, 30-day minimum gap, certified second notice, then 90 days.
• If an owner is covered by the Servicemembers Civil Relief Act, the federal protections govern what the association owes that owner. Ask counsel how to handle those files.

For owners

An owner who falls behind should expect two written delinquency notices before a lien appears in the county records. The second one comes by certified mail. Paying or arranging a payment plan (see § 209.0062 and the payment plan guidelines page) is a separate right from this notice sequence.

What the bill does not say

• It states no contents for either notice. Other sections govern what a collection notice must say (see § 209.0064 and the collections page).
• It states no penalty for filing a lien early. Our reading: an early lien would violate "may not file," but what remedy an owner would have is an open question for counsel. Chapter 209 also lets an owner sue for violations of the chapter in justice court (§ 209.017), though we have not tested how that applies here.
• It does not address foreclosure. Foreclosure limits sit in other sections (see the foreclosure limits page).
• It does not mention condominiums. Condominium associations are under Chapter 82. We did not read the Chapter 82 lien provisions for this page, so confirm with counsel which rules apply to your condominium.
• Whether a given association is covered by Chapter 209 is decided by Chapter 209's own applicability rules, which we did not re-read for this page.

Timeline

Related Texas Law

• Texas Property Code Chapter 209 overview
• § 209.0064 and § 209.0065: collection notices and credit reporting
• § 209.0063: priority of payments
• § 209.0062: payment plan guidelines
• Foreclosure limits under Chapter 209
• S.B. 1588 (2021) omnibus reform
• Texas HOA laws complete guide

Board Checklist

• Confirm the delinquency date of the assessment. H.B. 886 applies only to assessments that became delinquent on or after September 1, 2023.
• Build the first notice step into your collection workflow: first class mail, or email only to an address the owner provided.
• Send the second notice by certified mail, return receipt requested, not earlier than the 30th day after the first.
• Record the date the second notice was sent and calendar the 90th day after it as the earliest lien filing date.
• Screen each file for Servicemembers Civil Relief Act status before filing anything.
• Check that your management company or collection agent uses the same sequence and keeps copies.
• Ask association counsel how this sequence fits with your other Chapter 209 collection notices.

Frequently Asked Questions

What is the minimum time between the first delinquency notice and a lien filing?

The second notice cannot go out earlier than the 30th day after the first, and the lien cannot be filed before the 90th day after the second notice was sent. On our reading, that is at least 120 days from the first notice if the second notice goes out on day 30.

Can the first notice be sent by email?

Yes, but only to "an e-mail address the property owner has provided to the property owners' association." Otherwise the first notice goes by first class mail to the last known mailing address in the association's records.

Must the second notice be certified mail?

Yes. Section 209.0094(e) requires "certified mail, return receipt requested," to the owner's last known mailing address as reflected in the association's records.

Does this apply to assessments that were already delinquent before September 1, 2023?

No. Section 2 of the bill says an assessment that became delinquent before the effective date is governed by the law in effect immediately before it.

Does H.B. 886 apply to condominiums?

The bill amends § 209.0094 only and does not mention condominiums. Condominium associations are generally under Chapter 82. Confirm with counsel which lien rules apply to your condominium.

What happens if an association files a lien too early?

The bill states no specific penalty. The text says the association "may not file" before the 90th day. What remedy applies is an open question we recommend putting to a Texas attorney.

Does the Servicemembers Civil Relief Act change the notice steps?

Subsections (c), (d) and (e) do not apply to an association that is giving a covered owner the protections the Act provides. Because the federal rules are separate, confirm the handling with counsel.

Where This Comes From

We read the enrolled text of H.B. 886 (88th Legislature, Regular Session) on the Texas Legislature's site and the current text of Property Code § 209.0094 as published in the 2025 Texas Statutes on Justia, which shows the section as last amended by H.B. 886. The enrolled bill is at capitol.texas.gov. We did not read the governor's signing record; the enrolled copy shows a blank approval line, so we state the effective date from the bill text.

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Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed Texas attorney before acting.