Texas statute reference · Tex. Prop. Code § 82.113
§ 82.113 - Association's Lien for Assessments
Section 82.113 is the collection engine of the Texas Uniform Condominium Act. It defines what the assessment lien secures, where it sits in the priority stack, how the association forecloses, and the 90-day window in which a former owner can redeem the unit.
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 lien is broad and automatic. Section 82.113(a) makes each assessment a personal obligation of the owner and a continuing lien on the unit and on its rents and insurance proceeds, with “assessments” defined to sweep in dues, fees, interest, late fees, fines, collection costs, and attorney's fees unless the declaration says otherwise. Under § 82.113(c), recording the declaration creates and perfects the lien, so no separate filing is generally required.
Priority follows recording order with carve-outs. Section 82.113(b) subordinates the assessment lien only to tax liens, encumbrances recorded before the declaration, a first vendor's or first deed-of-trust lien recorded before delinquency, and (absent contrary declaration language) certain construction liens and insurance-proceeds assignments perfected before delinquency.
Foreclosure can be judicial or nonjudicial. Section 82.113(d) grants the association a power of sale and lets the board appoint a trustee; § 82.113(e) permits judicial or nonjudicial foreclosure, with the key limit that a lien for assessments consisting solely of fines may not be foreclosed. This is the condominium statute. The separate Chapter 209 judicial-order requirement applies to subdivision HOAs, not to condominiums under TUCA.
Redemption is built in. Section 82.113(g) gives a former owner 90 days after the foreclosure sale to redeem, with the payoff amount depending on whether the association or a third party bought the unit. The subsection also covers homestead timing under § 82.113(k) and the survival of the lien after a tax-lien foreclosure under § 82.113(l).
Key requirements
What the lien secures
Tex. Prop. Code § 82.113(a)- Personal obligation of the unit owner
- Continuing lien on the unit, rents, and insurance proceeds
- Sweeps in dues, fees, interest, late fees, fines, costs, attorney's fees
- Declaration may provide otherwise
Priority and perfection
Tex. Prop. Code § 82.113(b), (c)- Priority over other liens with statutory exceptions
- Subordinate to taxes and pre-declaration encumbrances
- Subordinate to a first deed-of-trust lien recorded before delinquency
- Recording the declaration creates and perfects the lien
Foreclosure
Tex. Prop. Code § 82.113(d), (e)- Owner grants a power of sale by acquiring the unit
- Board may appoint a trustee to exercise the power of sale
- Judicial or nonjudicial foreclosure permitted
- No foreclosure of a lien consisting solely of fines
Redemption
Tex. Prop. Code § 82.113(g)- 90-day redemption after the foreclosure sale
- Payoff differs if association vs. third party purchased
- Redemption must be recorded to bind later purchasers
- Unit remains subject to pre-foreclosure liens after redemption
Key statutory text
Selected subsections, reproduced verbatim from the Texas Property Code. Full text at statutes.capitol.texas.gov.
§ 82.113(a) - the lien
An assessment levied by the association against a unit or unit owner is a personal obligation of the unit owner and is secured by a continuing lien on the unit and on rents and insurance proceeds received by the unit owner and relating to the owner’s unit. In this section, “assessments” means regular and special assessments, dues, fees, charges, interest, late fees, fines, collection costs, attorney’s fees, and any other amount due to the association by the unit owner or levied against the unit by the association, all of which are enforceable as assessments under this section unless the declaration provides otherwise.
§ 82.113(e) - foreclosure and the fines-only limit
The association has the right to foreclose its lien judicially or by nonjudicial foreclosure pursuant to the power of sale created by this chapter or the declaration, except that the association may not foreclose a lien for assessments consisting solely of fines. Costs of foreclosure may be added to the amount owed by the unit owner to the association. A unit owner may not petition a court to set aside a sale solely because the purchase price at the foreclosure sale was insufficient to fully satisfy the owner’s debt.
Common questions about § 82.113
- What does the TUCA condominium assessment lien secure?
- Section 82.113(a) makes a levied assessment a personal obligation of the unit owner secured by a continuing lien on the unit and on rents and insurance proceeds relating to the unit. The statute defines 'assessments' broadly to include regular and special assessments, dues, fees, charges, interest, late fees, fines, collection costs, attorney's fees, and any other amount due to the association or levied against the unit, unless the declaration provides otherwise.
- What priority does a Texas condo assessment lien have?
- Under § 82.113(b), the assessment lien has priority over any other lien except: a lien for real property taxes and other governmental charges (unless otherwise provided by Tax Code § 32.05); a lien or encumbrance recorded before the declaration; a first vendor's lien or first deed-of-trust lien recorded before the assessment became delinquent; and, unless the declaration provides otherwise, a construction lien or insurance-proceeds assignment recorded or perfected before the assessment became delinquent. Section 82.113(c) provides that recording the declaration creates and perfects the lien, so no separate lien recording is required unless the declaration says so.
- Can a Texas condo association foreclose its assessment lien?
- Section 82.113(d) provides that, by acquiring a unit, the owner grants the association a power of sale, and the board may appoint a trustee to exercise it. Section 82.113(e) lets the association foreclose its lien judicially or by nonjudicial foreclosure under the power of sale, except that it may not foreclose a lien for assessments consisting solely of fines. Note this is the condominium statute (TUCA); the separate judicial-foreclosure requirement in Chapter 209 governs property owners' associations in residential subdivisions, not condominiums under Chapter 82.
- Is there a redemption right after a Texas condo foreclosure sale?
- Yes. Section 82.113(g) gives the owner of a unit purchased at a foreclosure sale of the association's lien the right to redeem the unit not later than the 90th day after the foreclosure sale. The statute sets out what the redeeming owner must pay - differing depending on whether the association or a third party was the purchaser - and the steps to make redemption effective against later purchasers.
- Can a Texas condo association foreclose for unpaid fines alone under § 82.113?
- No. Section 82.113(e) states that the association may not foreclose a lien for assessments consisting solely of fines, even though it may otherwise foreclose judicially or nonjudicially. Costs of foreclosure may be added to the amount the owner owes.
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This is not legal advice. Consult Texas condominium counsel for your specific situation.