Texas Property Code 209.009, 209.0092 and 209.011: HOA Foreclosure Limits and Redemption

Quick Answer

Under Texas Property Code § 209.009, a property owners' association may not foreclose its assessment lien if the debt consists "solely" of fines, attorney's fees tied only to fines, or certain records and recount charges added to an owner's account. Under § 209.0092, an association generally must first get a court order through the Texas Supreme Court's expedited foreclosure process, unless the owner waives in writing or the association chooses a full judgment foreclosure. After a sale, § 209.011 gives the owner 180 days to redeem.

Some Texas HOA guides say foreclosure is barred below a dollar amount such as $2,500. The statute text we read contains no dollar threshold.

At a Glance

What the Law Says

Section 209.009: debts that cannot support foreclosure

The full operative sentence is short. An association "may not foreclose a property owners' association's assessment lien if the debt securing the lien consists solely of":

• fines assessed by the association;
• attorney's fees incurred by the association "solely associated with fines assessed by the association"; or
• amounts added to the owner's account as an assessment under § 209.005(i) (records production costs) or § 209.0057(b-4) (recount costs).

The word "solely" matters. The statute does not bar foreclosure when unpaid assessments are part of the debt. It only bars foreclosure when the debt is made up entirely of the three categories above. Payments are applied in a statutory order under § 209.0063, with fines near the bottom, so assessment debt is generally paid down before fines (see our page on payment priority).

Section 209.0092: court order required

• General rule (a). "Except as provided by Subsection (c) or (d) and subject to Section 209.009," an 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."
• Other liens (a). The association may use the same procedure for "any lien described by the association's dedicatory instruments," and an association whose instruments grant a right of foreclosure "is considered to have any power of sale required by law as a condition of using the procedure."
• Supreme Court rules (b). The Supreme Court is directed to adopt rules that must be "substantially similar to the rules adopted by the supreme court under Section 50(r), Article XVI, Texas Constitution."
• Waiver (c). Expedited foreclosure is not required if the owner "agrees in writing at the time the foreclosure is sought to waive expedited foreclosure." A waiver "may not be required as a condition of the transfer of title to real property."
• Judgment foreclosure (d). An association may "in its discretion elect not to use that procedure and instead foreclose" through a court judgment ordering sale under Rules 309 and 646a of the Texas Rules of Civil Procedure.
• Associations outside (a) (e). The section does not affect any right such an association may have to judicially foreclose as described in (d).

Section 209.011: redemption after the sale

• Possession (a). An association or other buyer of occupied property must "commence and prosecute a forcible entry and detainer action under Chapter 24" to recover possession.
• Redemption deadline (b). The owner or a lienholder of record may redeem "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." A lienholder may not redeem "before 90 days after" that mailing, and only if the owner has not already redeemed.
• No transfer during the period (c). A purchaser at the sale "may not transfer ownership of the property to a person other than a redeeming lot owner during the redemption period."
• Price if the association bought (d). The owner pays amounts due at the sale, interest from the sale date at the rate in the dedicatory instruments (or 10 percent a year if none is stated), the association's foreclosure and conveyance costs including reasonable attorney's fees, later assessments, reasonable costs such as mortgage payments, repairs, maintenance and leasing, and the purchase price paid less amounts satisfied from sale proceeds.
• Price if a third party bought (e). The owner pays the association and also pays the purchaser items such as the purchase price, the deed recording fee, post-sale assessments and taxes the purchaser paid, and taxable costs of the possession action.
• Deed or affidavit (f) to (h). After redemption the purchaser must "immediately execute and deliver" a deed. The redeeming party must record the deed or an affidavit of redemption within the period, or the right of redemption as against a bona fide purchaser or lender for value expires.
• Extension (m). A written redemption request sent by certified mail, return receipt requested, on or before the last day extends the right until the 10th day after the association and any third-party purchaser give written notice of the amounts to be paid.
• Partial payments (l). If the owner makes partial payment but does not redeem in time, the association must refund the partial payments by mail not later than the 30th day after the redemption period ends.
• Affidavit after expiry (n). After the period and any extension ends without redemption, the association or third-party purchaser "shall record an affidavit" stating that no redemption occurred.
• Sheriff and constable sales (p). The owner's and lienholder's rights also apply if the sale is conducted by a constable or sheriff under a judgment the association obtained.

What This Means in Practice

For boards

The first step is classifying the debt. If the ledger holds only fines, fine-related attorney's fees, or records and recount charges added as assessments, § 209.009 closes the foreclosure route. A single dollar of unpaid assessment changes the analysis. Because the statute says the debt must "consist solely" of the barred items, mixed ledgers are a question for counsel, not a bright line we can draw for you.

The second step is the route. The default is an expedited court order. A judgment foreclosure under § 209.0092(d) is the board's choice, not the owner's. Waiver under § 209.0092(c) must be in writing and given "at the time the foreclosure is sought," and it cannot be demanded as a condition of a title transfer. In our reading, a waiver signed years earlier, for example in a purchase contract, does not fit that timing language.

The third step is process before suit. Lien filing and delinquency notices come from other sections, including the 2023 HB 886 notice rules and the § 209.0064 collection-agent notice. This page covers only the limits and the court route. We have not read the Supreme Court's expedited foreclosure rules themselves for this page, so confirm their current form and any forms or filing requirements with counsel.

For owners

Three dates matter after any sale. The 180-day redemption deadline runs from the date the association mails notice of the sale, not from the sale date itself. A lienholder's earliest redemption date is 90 days after that mailing. And if you send a certified-mail redemption request by the last day, the right is extended until the 10th day after the association and any third-party buyer send you written payoff amounts.

Record the deed or an affidavit of redemption in the county records within the redemption period. Under § 209.011(g), skipping that step can cost you the redemption right as against a bona fide purchaser or lender for value.

What the law does NOT say

• No dollar threshold. Section 209.009 has no minimum debt amount.
• Nothing in these sections gives a time limit on how soon after a delinquency an association may seek foreclosure. Other sections govern notices and lien filing.
• Section 209.0092 does not itself say whether foreclosure of a lien is mandatory. It limits how an association may foreclose.
• These sections do not say how attorney's fees are allocated between fines and assessments. That is a § 209.0063 and § 209.008 question.

Timeline

Related Texas Law

• 2023 HB 886: two notices before an assessment lien is filed.
• § 209.0063: payment priority, which affects what the debt is made of.
• § 209.0064 and § 209.0065: collection-agent notice and credit reporting.
• § 209.0062: payment plan guidelines.
• § 209.005: records costs that can become assessments.
• Chapter 209 overview and the Texas HOA laws complete guide.

Board Checklist

• Break every delinquent account into assessments, fines, attorney's fees and other charges before any foreclosure discussion.
• Do not pursue foreclosure when the debt is solely fines, fine-related attorney's fees, or § 209.005(i) and § 209.0057(b-4) charges.
• Have counsel confirm the route: expedited court order, written waiver at the time, or judgment foreclosure.
• Do not condition a title transfer on a waiver of expedited foreclosure.
• Calendar the 180-day redemption deadline from the date notice of the sale was mailed under § 209.010.
• Prepare the payoff statement and the post-sale affidavits that § 209.011 requires.
• Refund any partial payments within 30 days after the redemption period ends.
• Keep the board vote to start foreclosure in an open meeting with notice, per § 209.0051(h).

Frequently Asked Questions

Can a Texas HOA foreclose for unpaid fines alone?

No. Section 209.009 says an association may not foreclose its assessment lien if the debt consists solely of fines, attorney's fees associated solely with fines, or amounts added under § 209.005(i) or § 209.0057(b-4).

Is there a minimum amount an owner must owe before foreclosure?

We found no dollar threshold in § 209.009, § 209.0092 or § 209.011. Claims of a set minimum, such as $2,500, do not appear in the statute text we read.

Does a Texas HOA need a court order to foreclose?

Generally yes. Section 209.0092(a) requires a court order in an expedited foreclosure proceeding, unless the owner waives it in writing at the time the foreclosure is sought or the association instead pursues a court judgment foreclosure.

Can an HOA require owners to waive expedited foreclosure when they buy?

No. Section 209.0092(c) says a waiver "may not be required as a condition of the transfer of title to real property."

How long does an owner have to redeem after a foreclosure sale?

Not later than the 180th day after the date the association mails written notice of the sale to the owner and lienholder under § 209.010. A certified-mail request on or before the last day extends the right until the 10th day after written payoff notice is given.

Who must evict an occupant after the sale?

Under § 209.011(a), the association or other purchaser of occupied property must commence and prosecute a forcible entry and detainer action under Chapter 24 to recover possession.

Can the purchaser resell the property during the redemption period?

Not to anyone other than the redeeming owner. Section 209.011(c) bars transfer of ownership to anyone but a redeeming lot owner during the redemption period.

What happens to partial payments if the owner cannot redeem in time?

The association must refund them by mailing payment to the owner's last known address not later than the 30th day after the redemption period expires, under § 209.011(l).

Where This Comes From

We read the current text of Texas Property Code § 209.009 (including its history line), § 209.0092 and § 209.011 as published in the 2025 Texas Statutes and by the Texas Public Law statute database, both of which cite the legislature's statute site, plus statutes.capitol.texas.gov as the official source. We did not read the Texas Supreme Court's expedited foreclosure rules or § 209.010. Interpretations labeled "our reading" are ours.

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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.