Quick Answer
Texas Property Code § 209.0093 lets owners vote to remove, or adopt, the right to foreclose an assessment lien in a dedicatory instrument. It takes at least 67 percent of the total votes allocated to owners, and owners holding at least 10 percent of all voting interests can petition to force a special meeting for that vote.
At a Glance
| Item | Detail |
|---|---|
| Law/citation | Texas Property Code § 209.0093, Removal or Adoption of Foreclosure Authority (Chapter 209) |
| Effective date | January 1, 2012 (HB 1228) |
| Applies to | Property owners' associations under Chapter 209. Condominiums are outside Chapter 209 (see § 209.003) |
| Key sections | Single paragraph: 67 percent vote; 10 percent petition for special meeting |
| Remedy or penalty | None stated |
What the Law Says
The full section is one paragraph. It says a provision "granting a right to foreclose a lien on real property for unpaid amounts due to a property owners' association 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."
It adds that "owners holding at least 10 percent of all voting interests in the property owners' association may petition the association and require a special meeting to be called for the purposes of taking a vote for the purposes of this section."
What This Means in Practice
For boards
The threshold is measured against total votes allocated, not votes cast. Our reading: a low-turnout meeting cannot carry the vote, so ballot and proxy logistics matter. See owner voting and board elections and electronic voting.
For owners
A group holding 10 percent of voting interests can require the special meeting. Collect signatures in the form your bylaws accept and keep a dated copy.
Open questions
- The section does not say how the petition must be delivered or how soon the meeting must be held. Check your bylaws and counsel.
- It does not address how removal interacts with the judicial foreclosure rules in § 209.0092. Confirm with counsel.
- Whether removal affects the lien itself, as opposed to foreclosure of it, is not stated in the section.
Timeline
| Date | Event |
|---|---|
| January 1, 2012 | Section added by HB 1228 (82nd Leg.) |
Related Texas Law
- Chapter 209
- Foreclosure limits and judicial foreclosure
- § 209.0091
- § 209.0041: amending the declaration
Board Checklist
- Read the declaration for any foreclosure clause.
- Confirm the total votes allocated to owners.
- If a petition arrives, verify it reaches 10 percent of voting interests.
- Check bylaws for special meeting notice and timing.
- Plan ballots to reach 67 percent of total votes, not just those cast.
- Have counsel draft and record any resulting amendment.
Frequently Asked Questions
What vote removes foreclosure authority?
At least 67 percent of the total votes allocated to property owners in the association.
Can owners force a vote?
Yes. Owners holding at least 10 percent of all voting interests may petition and require a special meeting for this vote.
Can foreclosure authority be added?
The section says it may be removed "or adopted" by the same vote.
Does the section set a deadline for the meeting?
No deadline appears in the text.
Does this apply to condominiums?
Chapter 209 does not apply to condominiums under § 209.003, per our reading. Confirm for your regime.
Where This Comes From
We read the current text of § 209.0093 and its history note on the Texas.Public.Law mirror, which states it was verified against the official site on May 26, 2025. The official statute site is at statutes.capitol.texas.gov. We did not read court decisions on this section, and the mirror may lag later amendments.
Where We Stand
Our position: we are neutral on § 209.0093. Whether an association should keep foreclosure authority is a community choice with real trade-offs between collection strength and owner protection. Tip: before any such vote, give owners a plain summary of how foreclosure is limited today so the decision is informed. This is Association Property Managers' operating view as a management company, separate from the legal summary above, and it is not legal advice.
How APM Helps
Association Property Managers provides remote HOA and condo management for associations in Texas, starting at a flat $99/month per community with no per-door fees or long-term contracts. See remote management in Texas, browse every Texas state-law guide, or request a free proposal, delivered within three business days. Laws and licensing rules differ by state, and we confirm the requirements for Texas when we build your proposal.
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.
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