Feeling stressed about HOA problems? Are you dealing with fines or have you unpaid HOA fees? We’ve helped a lot of families with their homeowners associations HOAs, and the most common question we get asked is: Can an HOA force you to sell your home? Surprisingly, they can. If you do owe money from unpaid dues or have repeated violations, they might be able to make you sell your house. Fortunately, as cash home buyers in Texas, we can help you.
In the meantime, we know dealing with HOA problems isn’t easy. The rules and regulations can be confusing, not to mention trying to read the association’s governing documents. The information below is to help explain everything you’ll need to know in simple terms. Below, we’ll talk about what your HOA can do, what kind of legal action you can take, and how to handle HOA disputes so you can protect your home.
What Is An HOA, And What Authority Does It Have?
Think of your HOA’s power as the boss of your neighborhood. They have the legal authority to make rules for everyone living in the community. HOA communities are pretty common in Texas, from big planned neighborhoods in Fort Worth to older areas in Houston.
Local laws and Texas state and federal laws give homeowners associations their power. They can also enforce HOA rules and regulations in your neighborhood. However, Texas law does say HOAs can’t take your house to pay fines, but they can still impose fines and may even start foreclosure proceedings in extreme cases.
Here we’ll give you a better idea of what your HOA community leaders can do:
- They can collect monthly dues or yearly fees. These can range from a few hundred dollars to thousands.
- They can make you follow community rules and regulations
- They can give you reasonable fines when you break the rules
- They can put a legal claim (called a lien) on your house for any unpaid fees
- They can take your home away as a last resort
Before you buy in an HOA community, you’ll definitely want to know what you’re getting into since Texas gives HOAs more power than other states.
Governing Documents: CC&Rs, Bylaws And Rules
Homeowners’ association’s governing documents can be confusing. All it is really is a bunch of legal papers that tell them what they can do. Think of these documents as the community standards outline or the rulebook for your neighborhood. Here are the main ones you’ll probably come across.
CC&Rs (The Big Rulebook): This is the most important of the HOA’s governing documents. It says your HOA can collect money from you and give you fines for things like unpaid assessments. When you bought your house as the new property owner, you agreed to follow these rules, whether you read them or not.
Bylaws: The easiest way to explain bylaws is that they are an outline for the HOA board to follow when it comes to running meetings and making community decisions. Homeowners association meetings are required by Texas law to be open to homeowners, so you can attend if you’d like to.
Community Rules: These rules cover everyday stuff like:
- What color can you paint your house? Certain colors may be off limits.
- Where you can park your car or RV: You may not be able to park on the street or park your RV in your driveway overnight.
- What kind of fence can you build? Some communities require everyone to use the same fencing material.
- Pet rules: Some neighborhoods may not allow aggressive dog breeds or limit how many animals you own.
This year, 2025, Texas made some changes that protect homeowners better, and all governing documents have to follow federal laws and state laws.
How HOAs Enforce Rules: Fines, Liens, And Collections
When HOA rules are broken or someone stops paying HOA dues, the HOA does have ways to make them pay. Here are some examples of ways they can collect:
- Fines: Your HOA can charge you fines, but they’re required to tell you how much breaking a rule costs beforehand. If you refuse to pay your HOA fines, they have to give you a chance to explain your side of things.
- Liens: If you don’t pay your HOA fees, they can put a lien on your house. This means they have a legal claim to your property. However, it is a process, and Texas law makes them send you two letters first. The first letter can be regular mail, then they have to send a certified letter 30 days later.
- Collections: Many HOAs work with a collections management company to go after people who haven’t paid. If you’re sent to collections, late fees and legal bills will also be added to what you owe.
Fortunately, if your HOA wants to fine you, you have the right to ask for a hearing within 30 days, and you will need to set up the meeting within 10 days of when you ask.
Can An HOA Foreclose On Your Home In Texas?
Yes, your HOA can initiate foreclosure proceedings on your home in Texas; however, they can only do this if you owe them money, not with fines. So that means you won’t lose your house over something like leaving your trash cans out too long or not cutting your grass.
What Can Make You Lose Your House:
- Not paying your monthly or yearly HOA fees (this is the big one)
- Not paying special fees for things like fixing the community pool
- Late fees that pile up on unpaid bills
- Lawyer fees the HOA pays to go after you
What Can’t Make You Lose Your House:
- Fines for a messy yard or wrong paint color
- Getting in trouble for refusing to pay HOA fines
- Breaking rules that don’t involve money
Most HOAs in Texas have to pay off other debts first, like your mortgage and tax bills, before they can collect their money. This affects how much they can actually get from an HOA foreclosure.
When Foreclosure Can Result In A Forced Sale (Process Overview)
HOA foreclosure in Texas can happen in two ways. Most of the time, they don’t have to go to court first, but they usually need a judge’s permission for a quick process.
Here’s how the foreclosure process typically works:
- You Stop Paying: You fall behind on your HOA fees
- They Send Letters: They have to warn you first (this takes 30-90 days)
- They File Papers: They put a lien on your house at the courthouse
- Foreclosure Notice: They tell you they’re going to take your house
- Court Permission: A judge usually has to say it’s okay
- Your House Gets Sold: They sell it at the courthouse to the highest bidder
Good News: If your house is where you actually live (not a rental), Texas gives you extra protection. The HOA has to get permission from a court before it can take it.
The whole thing usually takes several months. That gives you time to catch up on your payments or work with companies that can help you sell fast, like we buy houses in Dallas businesses.
Can An HOA Evict You Or Force You To Move If You Own The Home?
Your HOA can’t kick you out like a landlord kicks out a renter, but they can still make you leave by taking your house away through foreclosure. Here’s what your HOA can’t and can do:
What Your HOA Can’t Do:
- They can’t kick you out like you’re renting – You own the home, you’re not a tenant.
- They can’t change the locks on your house – They can’t touch your locks; you own the home.
- They can’t make you move without going through the legal process – They have to follow a legal process and get a court order.
- They can’t take your house without following the rules – Again, there is a legal process they are required to follow.
What Your HOA Can Do:
- They can start the legal process to take your house
- They can take you to court
- They can eventually force a sale if you owe them money
An HOA foreclosure does not commonly happen, but even if they foreclose and sell your house, you do have a second chance to get it back. Fortunately, in Texas, you have 180 days (about 6 months) to pay everything you owe and get your house back, and for condos, you get 90 days. This gives you one last chance to save your home even after it’s been sold to someone else.
Selling A Home With HOA Violations, Liens, Or Pending Actions
If you want to sell your house but your HOA is giving you trouble, things can get complicated. Here is why regular home sales can get sticky when you have HOA problems.
Why Normal Sales Are Hard:
- Buyer Beware – buyers get scared when they see HOA problems
- Liens are Red Flags – the title company might make you fix everything before you can sell
- You’ll Owe Extra – you have to pay all your HOA bills and transfer fees at closing
- It Takes Too Long – you might not have enough time
Papers You’ll Need:
- Make sure to get a statement showing what you owe the HOA
- Make sure to get copies of any violation letters
- Make sure to get ownership records that show you can sell
- Make sure to get special certificates (these cost up to $375 for condos now)
Fortunately, our home buying process at Four 19 Properties handles all this HOA stuff for you. We know how to deal with HOAs and can close fast, so you don’t have to worry about more problems piling up.
How To Prevent HOA Enforcement And Protect Your Property Sale
It’s always best to stop problems before they start. Here’s how to stay out of trouble:
Pay Your Bills: We get it, but even if you’re mad at your HOA about other stuff, keep paying your monthly fees. Remember, they can only take your house if you stop paying HOA dues.
Talk to Them Early: Don’t wait until things get bad. If money is tight, call your HOA right away. Most will work with you on a payment plan instead of trying to take your house.
Learn the Rules: Read your HOA paperwork so you know what’s not allowed. Common problems in Texas include:
- Changing your house without asking first (like installing solar panels)
- Parking problems (too many cars, work trucks, RVs, blocking sidewalks)
- Yard problems (grass too long, dead plants, wrong plants)
- Leaving holiday decorations up too long
- Pet problems (loud dogs, wrong breeds, not using leashes)
Go to Meetings: Make an effort to go to the meetings; that way, you won’t be surprised by new association rules.
Save Everything: It doesn’t hurt to hold onto copies of letters from your HOA, receipts for payments, and any violation notices. You might need them later.
Remedies And Options If The HOA Takes Action (Appeal, Payoff, Legal Help)
You do have alternatives if your HOA starts coming after you. Don’t give up; instead, consider these options:
Fight Back: You can appeal fines and violations. If you fixed the problem, ask them to drop the fine. Make sure you write everything down and ask for a formal meeting to explain your side.
Payment Plans: Many HOAs will let you pay what you owe over time, especially if you call them before things get too bad.
Get a Lawyer: Sometimes HOAs do things wrong. Texas courts have ruled against HOAs that were unfair or didn’t follow the law. If you think your HOA is being crooked, talk to a legal expert.
Try to Work It Out: Many HOAs have ways to solve problems without going to court. This can be faster and cheaper than fighting in court.
Sell Fast: If foreclosure is coming soon, selling quickly might be your best choice. This protects your credit and lets you move on without the foreclosure on your record.
Fast-Sale Alternative: Selling To A Cash Buyer To Avoid HOA Complications
When your HOA is threatening to take your house, time matters. Normal home sales take 30-60 days or more. You might not have that much time.
Why Cash Buyers Are Better:
- We can close in 1-2 weeks
- You don’t have to fix anything or deal with violations
- We talk to your HOA and handle the payoff
- No real estate agent fees
- We buy your house no matter what condition it’s in
How We Buy Houses:
- We Talk: Tell us about your HOA problems
- We Look: Quick look at your house and situation
- We Offer: Fair cash offer within 1-2 days
- We Handle HOA Stuff: We deal with your HOA directly
- We Close Fast: Finish the sale quickly so your problems stop
We help people in tough spots all the time. Whether it’s HOA problems, money troubles, or you just need to sell your house fast in Houston or anywhere else in Texas, we can help.
We know Texas HOA laws inside and out. We’ve helped people in Dallas dealing with picky architectural committees and folks in Houston who got hit with big repair bills after storms. No matter where you are or what your HOA problem is, we can help you get out of it fast.
Conclusion
Yes, HOAs in Texas can take your house if you don’t pay your fees. But you’re not powerless. If you understand your rights, talk to your HOA when problems start, and act fast when needed, you can avoid the worst problems.
The most important thing? Don’t ignore HOA letters or hope the problem will just go away. Whether you want to work out a payment plan, fight back against unfair treatment, or get a cash offer to sell fast, doing something is better than doing nothing.
If you’re dealing with HOA problems and need to sell your house quickly, call us today. We know Texas HOA laws, and we help people get out of tough spots every day. Don’t let HOA problems push you into foreclosure when there are better ways to handle them.