Homeowners associations (HOAs) serve several key purposes. They help make certain amenities accessible by providing resources such as pools and gyms that individual homeowners may not be able to maintain or afford. They also help preserve community standards, often by establishing and then enforcing specific expectations.
Residents living in an HOA community pay a monthly fee to support the community and cover shared expenses. They may also end up responsible for fines and penalty costs after violations of community standards. If homeowners refuse to pay those amounts, the HOA may need to pursue a lien to enforce collection rights.
How many fees must accrue before a lien is possible?
State law does not impose a minimum
In some jurisdictions, financial obligations have to meet a specific threshold for a lien against a primary residence to be an option. Texas does not impose a minimum requirement for past due fees or unpaid fines when an HOA wants to seek a lien.
Instead, legal requirements for liens focus on ensuring that proper communication occurs. The HOA typically needs to provide advance notice before legally pursuing the lien.
Proper communication before seeking the lien might inspire the property owner to take the necessary steps to fulfill their financial obligations. Records of communication attempts can also help protect the HOA if the homeowner tries to fight the lien by asserting that the HOA did not follow proper procedure.
Having legal support when pursuing a lien or engaging in other collection activities can help HOAs streamline the process. Liens are an important tool for compelling financial compliance when residents don’t pay their HOA fees and fines.