Practice Area

HOA Threatening Foreclosure — Your Rights Under Chapter 209

Texas Property Code § 209.0092

Situation — How This Comes Up

My HOA is threatening to foreclose over unpaid assessments and I need to know if they can actually do this.

What You Need to Know First

Texas law imposes strict procedural requirements before an HOA can foreclose on a homestead. Missing a single step in the Chapter 209 notice sequence is a complete defense — and gives you grounds to enjoin the sale.

Full Analysis

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.

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The information on this page is for general informational purposes only. Nothing here constitutes legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney–client relationship. © 2026 Silachi Law Firm, PLLC · Texas Bar No. 24118480