HOA Assessment Payment Plan Rights Under Section 209.0062
Section 209.0062 of the Texas Property Code requires HOAs to offer a reasonable payment plan to homeowners who request one in writing. The statute specifies minimum plan terms and prohibits the HOA from initiating foreclosure while a compliant plan is in effect.
Estoppel Certificate Disputes at Real Estate Closing
HOA resale certificates and estoppel letters must accurately disclose assessment status, outstanding violations, and pending litigation. Inaccurate disclosures can expose the association to liability and give the buyer claims against both the HOA and the seller.
Wrongful HOA Lien — How to Get It Removed
Texas Property Code Chapter 209 and the Texas Property Code’s wrongful lien provisions provide remedies for homeowners against whom an HOA has filed an improper or invalid assessment lien. Declaratory judgment and mandatory release are available remedies.
Special Assessment — When the HOA Can Levy One and How to Challenge It
The authority to levy special assessments depends entirely on the HOA’s declaration and bylaws. Many governing documents require a membership vote for special assessments above a certain threshold. A special assessment adopted in violation of those procedures is voidable.
HOA Threatening Foreclosure — Your Rights Under Chapter 209
Texas Property Code Section 209.0092 requires HOAs to provide specific notices, wait periods, and cure opportunities before foreclosing on an assessment lien. These requirements are not optional — they are jurisdictional prerequisites to a valid foreclosure.
Emergency TRO to Stop an HOA Foreclosure Sale
Emergency TRO practice in Texas HOA foreclosure cases requires immediate filing, a verified petition identifying specific Chapter 209 violations, and a bond. Courts can grant same-day relief when the procedural record shows the HOA skipped required steps.
Rule 736 HOA Foreclosure — What It Is and How to Fight It
Texas Rule of Civil Procedure 736 provides an expedited procedure for lienholders to obtain court authorization to foreclose. An HOA that files a Rule 736 application must serve the homeowner, who then has 38 days to file a response or the order is granted by default.
HOA Foreclosure Sale Set-Aside — After the Sale Has Already Happened
Texas courts have set aside HOA foreclosure sales where the required Chapter 209 notice sequence was not followed. The analysis focuses on whether the homeowner received actual notice and whether the HOA complied with every procedural prerequisite.
Texas HOA Litigation — Practitioner’s Primer
A working primer on Texas homeowners-association disputes — causes of action, procedural pathways, and outcome patterns from covenant enforcement to assessment foreclosure.
HOA Enforcing Rules Selectively
Selective enforcement is a recognized defense and counterclaim under Texas HOA law. Arbitrary or discriminatory enforcement can void fines and injunctions.