How the balance gets paid

The title company orders a resale certificate and a statement of account from the association. That document states the current assessments, any special assessment installments, fines, interest, transfer and capital contribution fees, and collection attorney costs. The total is paid from your closing proceeds.

The practical problem is rarely the money — it is the turnaround. An association or its management company that takes three weeks to produce a resale certificate is the single most common reason an HOA-governed Texas closing slips. Request it as early as possible.

Texas associations can foreclose — and you can redeem

Under the Texas Residential Property Owners Protection Act, a property owners' association can foreclose an assessment lien, though the statute imposes notice and procedural requirements first and restricts foreclosure where the debt consists only of fines or attorney fees.

If a foreclosure sale has already happened, Texas gives the former owner a 180-day right of redemption. That is a meaningful difference from a mortgage foreclosure, where there is no general redemption right at all. If an association has foreclosed on your property, get the date — the window is real but it is finite, and a sale during it needs to be planned carefully with an attorney.

What drives up an HOA balance

  • Regular assessments unpaid over months or years, with interest
  • Special assessments for roofs, roads, amenities, or infrastructure
  • Fines for violations — landscaping, vehicles, exterior changes
  • Collection attorney fees, which often exceed the underlying assessments
  • Transfer fees and capital contributions triggered by the sale itself
  • In MUD and PID developments, district charges separate from the HOA

The situations we see

An inherited house where the estate stopped paying. A rental whose owner disputed a fine and stopped paying everything. A vacant house nobody was watching. An owner who fell behind on the mortgage and the assessments at the same time.

None of it prevents a sale. Tell us roughly what is owed and whether the association has filed anything, and request the resale certificate early. Known balances are simply deducted; a foreclosure nobody mentioned is a different matter entirely.

Frequently asked questions

Can I sell a Texas house with unpaid HOA dues?

Yes. The balance appears on the resale certificate and is paid from your closing proceeds.

Can a Texas HOA foreclose on my house?

Yes, an association can foreclose an assessment lien, subject to statutory notice requirements and limits where the debt is only fines or attorney fees.

Is there a redemption period after an HOA foreclosure in Texas?

Yes — 180 days for the former owner. That is different from a mortgage foreclosure, where there is no general redemption right.

Why is the collection attorney fee larger than my dues?

It is unfortunately common. All of it appears on the resale certificate and is paid at closing.

What slows down an HOA closing?

Almost always the resale certificate turnaround. Request it as early as you can.

Sources

This page is general information about selling property in Texas, not legal, tax, or financial advice. Laws change and every situation is different, so talk with a qualified Texas professional about yours.