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Updated 8 days ago on . Most recent reply

HOA demands past dues after a sale tax deed - Texas
Hello,
I acquired a condo through the tax sale deed in Harris County a week ago. I just got an email from the HOA attorney demanding close to $2000 for past due fees. I was under the impression that HOAs liens are erased as they are junior accounts compared to tax liens. Do I need to hired an attorney? what is my next step to clear up this issue? it's my second property. I appreciated any advice you can provide.
Taxes owned - $25000. I paid $55000
Most Popular Reply

Yesenia,
Great question — this issue comes up often with tax deed purchases, especially in Texas.
In Texas, when you acquire a property through a tax deed sale, the tax lien has priority over most other liens, including HOA liens. However, that doesn't automatically mean past-due HOA fees are wiped out. Many HOAs will still pursue those unpaid dues, especially if their CC&Rs (Covenants, Conditions & Restrictions) tie the debt to the unit rather than the individual.
In fact, I went through a similar situation. I purchased a condo through a tax lien auction in Louisiana, and I still had to pay the prior owner’s unpaid HOA dues — because the HOA stated the balance was tied to the property, not the person. The association enforced that the obligation “runs with the unit,” and I had to resolve it before moving forward with my plans.
Here’s what I recommend:
-
Request Documentation
Ask the HOA or their attorney for a detailed breakdown of the fees and legal basis for why they believe you’re responsible for past dues. -
Review the Governing Documents
Check the condo’s CC&Rs or bylaws. These often specify whether HOA liens survive tax sales. Even if they're junior to the tax lien, the dues may still remain collectible. -
Consult a Real Estate Attorney
A Texas real estate attorney who understands both tax deed sales and HOA law can tell you definitively if you're liable and what options you have to dispute or settle. -
Stay Current on New Dues
Make sure you’re paying any new assessments going forward to stay in good standing and avoid compounding the issue.
Summary: Even if the tax sale wiped out the lien, some HOAs still have legal paths to recover past dues. It’s definitely worth getting legal advice on your specific situation — especially now that you’re building your portfolio.
Congrats on property #2 and best of luck getting this resolved!
—Damond M.
Real Estate Investor | Contractor | Community Developer