# Texas HOA Foreclosure: The Court-Order Rule and the Fines Limit (2026) > A Texas property owners association cannot simply hold a trustee's sale to foreclose an assessment lien. Under Property Code 209.0092, it must first get a court order through an expedited or judicial foreclosure proceeding. And under 209.009, it cannot foreclose at all when the debt securing the lien is only fines, or attorney fees tied solely to those fines; foreclosure is reserved for genuinely unpaid assessments. For a buyer, the minutes and financial statements show how active the board is with liens and foreclosures, which is a read on both the association's finances and how it treats owners. _Source: https://hoanotes.com/hoa/texas/foreclosure/ | Last reviewed 2026-06-03_ ## What the law requires before foreclosure Texas Property Code 209.0092 takes the fast lane away from associations. Before it can foreclose an assessment lien on a home, the association has to obtain a court order, either through the expedited foreclosure process or a full judicial foreclosure. It cannot run a nonjudicial trustee's sale on its own, and an owner cannot be forced to waive that court-order requirement as a condition of buying or transferring the property. Section 209.009 draws a second line. An association cannot foreclose a lien when the debt behind it consists only of fines, or attorney fees incurred solely in connection with those fines. It can still pursue unpaid assessments through foreclosure after getting the court order, and it can chase fines through a separate suit for a money judgment, but it cannot take the home over fines alone. ## Why a buyer should care These limits protect you as an owner, but they also give you a lens on the association. A board that forecloses aggressively, or that writes rules letting it run a trustee's sale 'without court proceedings' or foreclose for 'any amounts owed including fines,' is telling you something about how it operates and whether its documents track current law. ## What to check in the disclosure packet Read these together before you make an offer: - Recent board minutes for foreclosure activity and how often liens turn into foreclosure. - The delinquency rate in the financial statements, which drives collection pressure. - CC&Rs and rules that claim a power to foreclose without a court order or to foreclose for fines, which conflict with 209.0092 and 209.009. - Any clause asking owners to waive the judicial-foreclosure requirement, which the statute does not allow as a transfer condition. ## Why this matters to your offer Foreclosure practice is a window into both the finances and the governance of an association, and a document that overstates the board's foreclosure power is a sign it has drifted from Texas law. An HOA Notes brief reads the CC&Rs, the collection policy, and the minutes together, flags foreclosure provisions that conflict with the Property Code, and cites the page behind every finding. ## What the statute says **Texas Property Code section 209.0092** (Judicial foreclosure required). Before proceeding with nonjudicial foreclosure of an assessment lien, the association must obtain a court order through an expedited foreclosure proceeding; the association cannot simply conduct a trustee's sale without judicial involvement; an owner may not be required to waive the judicial foreclosure requirement as a condition of a property transfer. The association may pursue foreclosure after obtaining the required court order, or may use a traditional full judicial foreclosure proceeding; an owner may voluntarily waive the expedited foreclosure requirement in a separate written instrument. ## Texas HOA foreclosure: common questions ### Can a Texas HOA foreclose on my home for unpaid dues? Yes, but only after getting a court order. Texas Property Code 209.0092 requires an expedited or judicial foreclosure proceeding; the association cannot run a trustee's sale on its own. ### Can a Texas HOA foreclose for unpaid fines? No. Under 209.009, an association cannot foreclose a lien when the debt is only fines, or attorney fees tied solely to those fines. Foreclosure is for unpaid assessments. ### Can the HOA run a foreclosure sale without going to court? No. Section 209.0092 requires a court order first, and a rule claiming a power to foreclose without court proceedings conflicts with the statute. ### Can I be made to waive the court-order requirement? Not as a condition of buying or transferring the property. The judicial- foreclosure protection cannot be required as a transfer condition under 209.0092. ## Sources (verified 2026-06-03) 1. Texas Property Code section 209.0092 (foreclosure sale of assessment lien; court order), 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 209.0092, FindLaw. Verified 2026-06-03. https://codes.findlaw.com/tx/property-code/prop-sect-209-0092/ 3. HOA and COA Foreclosures in Texas: Laws, Process, and Guide, Nolo. Verified 2026-06-03. https://www.nolo.com/legal-encyclopedia/texas-hoa-coa-foreclosures.html HOA Notes is not a law firm and this is not legal advice.