Key points
- Before fining or suing, the HOA generally must send a Chapter 209 notice describing the violation, giving a chance to cure and explaining the right to a hearing.
- Owners are generally entitled to a payment plan for delinquent assessments under § 209.0062, subject to limited exceptions.
- HOAs can’t foreclose for fines or fine-related attorney’s fees alone (§ 209.009), and most must obtain a court order first.
- After a foreclosure sale, the owner generally has a right of redemption within 180 days after the HOA mails notice of the sale (§ 209.011).
HOA disputes we handle
- Fines and violation notices that skipped required notice or hearing steps;
- Assessment and collection disputes, including inflated collection fees and misapplied payments;
- Architectural control denials for fences, additions, paint, solar panels and other improvements;
- Deed restriction enforcement, including short-term rental, business-use and leasing restrictions;
- HOA foreclosure defense and post-foreclosure redemption;
- Records requests and board governance and election disputes; and
- Selective or inconsistent enforcement and waiver defenses.
Chapter 209 protections homeowners should know
| Protection | Section | What it means |
|---|---|---|
| Notice before enforcement | § 209.006 | Written notice describing the violation, the amount of any fine, a reasonable period to cure where applicable, and the owner’s right to request a hearing. |
| Hearing before the board | § 209.007 | The owner may request a hearing before the association takes action. |
| Payment plans | § 209.0062 | Associations must offer alternative payment schedules for delinquent assessments, subject to statutory limits. |
| Priority of payments | § 209.0063 | Payments generally go first to assessments, then to other charges like fines and fees. |
| Collection agent notice | § 209.0064 | The owner is entitled to notice and an opportunity to cure before the account goes to a collection agent and the owner becomes liable for those fees. |
| Foreclosure limits | §§ 209.009–209.0092 | No foreclosure for fines or fine-related fees alone, plus notice and court-order requirements for most foreclosures. |
| Right of redemption | §§ 209.010–209.011 | Notice of the sale, and the owner’s right to redeem within 180 days after it is mailed. |
| Access to records | § 209.005 | Owners may inspect and copy association books and records. |
Received an HOA foreclosure notice, or already lost the home at a sale?
Redemption deadlines are strict. Call (346) 363-0334 today or book a discovery call.
Redeeming your home after an HOA foreclosure
If an association forecloses its assessment lien, the former owner, and in some cases a lienholder, may redeem the property by paying the amounts the statute requires, including the delinquent assessments, foreclosure costs, attorney’s fees, the purchaser’s costs, and other statutory amounts, within the redemption period. The purchaser at the HOA sale is restricted from transferring the property during that period. We calculate what’s owed, demand an accounting, and make sure the redemption is completed and recorded correctly.
Deed restrictions in Houston
Because Houston has no conventional zoning, neighborhood deed restrictions do much of the work zoning does elsewhere, and the City of Houston can enforce certain restrictions. Restrictions are enforced according to their terms, but defenses such as waiver, abandonment, selective enforcement and limitations may apply. Property Code Chapter 202 also limits restrictions on certain items, such as solar devices, flags and religious displays.
Representing associations
We also advise property owners’ associations on Chapter 209 compliance, collections and enforcement that will hold up in court.