# Texas HOA Assessment Liens: The Notice Rules Before a Lien (2026) > Since September 1, 2023, when HB 886 took effect, Texas Property Code 209.0094 makes a property owners association send a sequence of notices before it can record an assessment lien: a first notice by first-class mail or email, a second notice by certified mail (return receipt requested) at least 30 days after the first, and then a wait of at least 90 days after the second notice before the lien can be recorded. That adds up to roughly a 120-day runway. Separately, Section 209.0062 requires an association with more than 14 lots to offer a payment plan of at least three months for delinquent amounts, without piling on extra penalties (interest and reasonable administrative costs are allowed); the association does not have to extend a plan past 18 months. For a buyer, the delinquency rate and collection pattern in the packet are signals of the association's financial health. _Source: https://hoanotes.com/hoa/texas/assessment-liens/ | Last reviewed 2026-06-03_ ## What the law requires before a lien An HOA cannot record an assessment lien the moment a payment is late. As amended by HB 886, effective September 1, 2023, Texas Property Code 209.0094 lays out a notice sequence. The association sends a first notice of delinquency by first-class mail or email. At least 30 days later it sends a second notice by certified mail, return receipt requested. Then it has to wait at least 90 days after that second notice before it can record the lien. In practice that is about 120 days from the first notice. Texas also gives owners a payment-plan right. Under Section 209.0062, an association with more than 14 lots has to offer a plan of at least three months for delinquent regular or special assessments, without charging extra monetary penalties, though interest and reasonable administrative costs are allowed. The association is not required to extend a plan beyond 18 months from the owner's request. ## Why a buyer should care The notice rule protects you if you ever fall behind, but its bigger value to a buyer is what the collection picture reveals. A high delinquency rate, visible in the financial statements, means owners are not paying, which strains the budget and raises the odds of a special assessment that would land on you. A pattern of liens in the minutes tells you how the board handles collections. ## What to check in the disclosure packet Read these together before you make an offer: - The delinquency rate in the financial statements, since high delinquency signals financial stress and special-assessment risk. - The collection policy for how the association handles late payments, liens, and payment plans. - Recent board minutes for liens recorded, foreclosures, or written-off assessments. - Rules that allow a lien 'immediately upon delinquency,' which conflict with the 209.0094 notice sequence. ## Why this matters to your offer A financially fragile association with high delinquency is a special-assessment and governance risk, and that risk transfers to you at closing. The collection rules also protect you directly if a billing dispute comes up after you move in. An HOA Notes brief reads the financial statements, the collection policy, and the minutes together, scores the financial risk, and cites the page behind every finding. ## What the statute says **Texas Property Code section 209.0094** (Pre-lien notice requirements). Before filing an assessment lien, the association must send the owner a sequence of notices spanning roughly 120 days (Section 209.0094 as amended by HB 886, effective September 1, 2023): a first notice by first-class mail or email; a second notice by certified mail, return receipt requested, at least 30 days after the first; and a third notice of the assessment lien no earlier than 90 days after the second notice. Only after this sequence may the association file the lien. The association may file the lien after the full notice and waiting period has elapsed and may continue to accrue interest and fees during the waiting period; these requirements do not apply to owners protected under the Servicemembers Civil Relief Act. ## Texas HOA assessment liens: common questions ### Can a Texas HOA put a lien on my home for unpaid dues? Yes, but under Texas Property Code 209.0094 it must first send a sequence of notices over roughly 120 days: a first notice, a second by certified mail at least 30 days later, then a 90-day wait before recording the lien. ### What changed with HB 886 in 2023? Effective September 1, 2023, HB 886 set the multi-notice sequence and the roughly 120-day timeline in 209.0094 before a single-family HOA can record an assessment lien. ### Does a Texas HOA have to offer a payment plan? Yes. Under 209.0062, an association with more than 14 lots must offer a plan of at least three months without extra penalties, though it is not required to extend one past 18 months. ### Does a high HOA delinquency rate matter to a buyer? Yes. A high delinquency rate signals financial stress and raises the odds of a special assessment, and it appears in the association's financial statements in the disclosure packet. ## Sources (verified 2026-06-03) 1. Texas Property Code section 209.0094 (assessment lien filing), Texas Statutes, Texas Legislature. Verified 2026-06-03. https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm 2. Texas Property Code PROP section 209.0094, FindLaw. Verified 2026-06-03. https://codes.findlaw.com/tx/property-code/prop-sect-209-0094/ 3. The Revamped POA Assessment Collection Process (HB 886), Roberts Markel Weinberg Butler Hailey. Verified 2026-06-03. https://rmwbh.com/the-revamped-poa-assessment-collection-process/ HOA Notes is not a law firm and this is not legal advice.