Texas statute reference · Tex. Prop. Code § 209.009
§ 209.009 - Foreclosure Prohibited for Fines-Only Debt
Section 209.009 is short and absolute. A Texas HOA may not foreclose its assessment lien when the debt behind that lien is nothing but fines, fine-related attorney's fees, or two named categories of added charges. It is the floor under every Chapter 209 foreclosure analysis.
Statute text reproduced from the Texas Property Code; editorial summaries by the Common Elements editorial team. Not legal advice; not a substitute for Texas counsel.
Current as of 2026-05-29.
What boards need to know
The rule is a categorical bar, not a balancing test. If the only thing securing the lien is fines, attorney's fees tied solely to those fines, or amounts added to the account under § 209.005(i) or § 209.0057(b-4), the association may not foreclose. The word the statute uses is “solely.”
This sits at the front of the foreclosure chain. Section 209.0092(a), the judicial-foreclosure requirement, is written “subject to Section 209.009,” so the fines-only bar applies before any question of procedure is reached. A board cannot cure a § 209.009 problem by choosing a different foreclosure route.
The practical upshot is that fines accumulate as a money debt the association can pursue by suit, but not as a basis to take the home through foreclosure. Whether a given account's balance is “solely” fines, or also includes foreclosable assessments, is a fact-specific legal question for Texas counsel and is not something this reference resolves.
Key requirements
The prohibited debt categories
Tex. Prop. Code § 209.009- Fines assessed by the association
- Attorney's fees solely associated with those fines
- Amounts added under § 209.005(i) (records production costs)
- Amounts added under § 209.0057(b-4) (recount costs)
How it interacts with foreclosure procedure
Tex. Prop. Code §§ 209.009, 209.0092(a)- The bar applies if the lien debt is solely the listed items
- § 209.0092 judicial foreclosure is 'subject to' § 209.009
- Changing foreclosure method does not avoid the bar
- Assessment debt is not on the prohibited list
Key statutory text
The operative provision, reproduced verbatim from the Texas Property Code. Full text at statutes.capitol.texas.gov.
§ 209.009 - foreclosure sale prohibited
A property owners’ association may not foreclose a property owners’ association’s assessment lien if the debt securing the lien consists solely of: (1) fines assessed by the association; (2) attorney’s fees incurred by the association solely associated with fines assessed by the association; or (3) amounts added to the owner’s account as an assessment under Section 209.005(i) or 209.0057(b-4).
Common questions about § 209.009
- Can a Texas HOA foreclose for unpaid fines alone?
- No. Section 209.009 states that a property owners' association may not foreclose its assessment lien if the debt securing the lien consists solely of fines assessed by the association, attorney's fees incurred by the association solely associated with those fines, or amounts added to the owner's account as an assessment under § 209.005(i) (records production costs) or § 209.0057(b-4) (recount costs).
- What debts can support a Texas HOA foreclosure then?
- Section 209.009 bars foreclosure only when the lien debt is solely the listed fine-related items. Unpaid regular or special assessments are not on the prohibited list, so a lien securing delinquent assessments can be foreclosed, subject to the other prerequisites in Chapter 209 - including the judicial-foreclosure requirement under § 209.0092 and the lienholder notice-and-cure step under § 209.0091. This page does not advise whether any particular debt qualifies; consult Texas counsel.
- Does § 209.009 also limit non-judicial foreclosure?
- Section 209.0092(a) makes the judicial-foreclosure requirement expressly 'subject to Section 209.009.' So the fines-only bar in § 209.009 applies regardless of whether the association would otherwise proceed by expedited judicial order or by another method. The two sections operate together: § 209.009 says when foreclosure is off the table entirely, and § 209.0092 governs the procedure when foreclosure is available.
- Are records-production and recount charges treated as fines for foreclosure?
- For the foreclosure bar, yes. Section 209.009(3) groups amounts added to an owner's account under § 209.005(i) (records production and copying costs) and § 209.0057(b-4) (recount of votes costs) with fines: if the lien debt is solely those items, the association may not foreclose. The statute does not characterize them as fines for all purposes, only for this foreclosure prohibition.
Search synced statutes on Common Elements
Search Texas community-association statutes on Common Elements - plain-English summaries, keyword search, and (where available) the same deep section library as Florida. Free account for bookmarks, uploads, and side-by-side compare.
This is not legal advice. Consult Texas community-association counsel for your specific situation.