HOA demands past dues after a sale tax deed - Texas

[Yesenia Ayala]

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

[Damond Matthews]

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:

1. 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.

2. 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.

3. 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.

4. 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