HOA Laws in Texas can foreclose?

2 Replies

The HOA in which my father lives has changed their payment schedule from quarterly to yearly. He did not receive notice of this change and is now being charged a late fee. I went ahead and paid the full amount due to avoid further fees but will send a fee waiver dispute for this. Can they actually foreclose for non payment? They also want two trees to be planted in the front lawn. I asked for a copy of the governing documents but still waiting to even hear back from them. I have tried to contact them via email for weeks and calling them but only get a voicemail.

Yes, HOAs can foreclose for non payment. Happens all the time.

@David A.

Texas law requires that HOA's record copies of all govering documents in the Official Public Records of the County in which the subdivision is located. This would be in the office of the County Clerk. (The Tarrant County Clerk's records are available online for free). Also, in addition to recording copies of its governing documents, a Texas HOA must also publish copies of its recorded governing documents online if it, or a manager on its behalf, maintains an Internet website that is accessible by the public.

You might try googling the HOA's name and searching for its website or the website of its management company.

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