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Can the HOA put a lien on my house or foreclose?

The collection policy lets the Association’s attorney record a notice of the Association’s assessment lien against your home. You get a copy of the notice, and your mortgage lender may get one too.

Under this policy, foreclosure of the lien happens “only upon specific approval by a Majority of the Board”. The Board may also suspend your use of the common-area amenities once your account has been delinquent for at least forty-five days.

That is a summary in plain words. The passages below are what the documents actually say, and they are the authority.

What the documents say

  1. Foreclosure of Lien: Only upon specific approval by a Majority of the Board.

    Assessment Collection Policy, 5-GRead page 4 in the document

  2. The Association's attorney may cause a notice of the Association's Assessment lien against the Owner's home to be publicly Recorded. In that event, a copy of the notice will be sent to the defaulting Owner, and may also be sent to the Owner's Mortgagee.

    Assessment Collection Policy, 5-HRead page 4 in the document

  3. The Board may suspend the use of the Common Area amenities by an Owner, or such Owner's tenant, whose account with the Association is delinquent for at least forty-five ( 45) days.

    Assessment Collection Policy, 5-JRead page 4 in the document

  4. Texas Property Code Section 209.0064

    Assessment Collection PolicyRead page 3 in the document

This guide was written from the copies in this archive. Documents can be amended after they are recorded, and this is not legal advice; the recorded instruments at the Comal County Clerk are the authoritative versions.