Tex. Prop. Code §209.009
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Foreclosure Sale Prohibited in Certain Circumstances
TRPOPA foreclosure-bar statute. A property owners' association cannot foreclose an assessment lien when the debt is composed solely of fines assessed by the association, attorney's fees incurred to collect those fines, or certain other amounts added under specified statutory provisions. The shield protects owners from losing the home over fine-only debts while preserving foreclosure as a remedy for unpaid assessments.
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Statutory Text
Verified May 20, 2026 · TX_LEG_CAPITOL
Tex. Prop. Code Section 209.009 Foreclosure Sale Prohibited in Certain Circumstances A property owners’ association may not foreclose a property owners’ association’s assessment lien if the debt securing the lien consists solely of: (1) fines assessed by the association; (2) attorney’s fees incurred by the association solely associated with fines assessed by the association; or (3) amounts added to the owner’s account as an assessment under Section 209.005 (Association Records) (i) or 209.0057 (Recount of Votes) (b-4). Added by Acts 2001, 77th Leg., ch. 926, Sec. 1, eff. Jan. 1, 2002. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1026 (H.B. 2761 ), Sec. 4, eff. January 1, 2012. Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168 ), Sec. 20, eff. September 1, 2015. Source: Section 209.009 — Foreclosure Sale Prohibited in Certain Circumstances , (accessed May 26, 2025).
Other sections in this chapter
- Tex. Prop. Code §209.0041 — Adoption or Amendment of Certain Dedicatory Instruments
- Tex. Prop. Code §209.005 — Association Records
- Tex. Prop. Code §209.0051 — Open Board Meetings
- Tex. Prop. Code §209.0056 — Notice of Election or Association Vote
- Tex. Prop. Code §209.0058 — Ballots
- Tex. Prop. Code §209.007 — Hearing Before Board; Alternative Dispute Resolution
- Tex. Prop. Code §209.0091 — Prerequisites to Foreclosure: Notice and Opportunity to Cure for Certain Other Lienholders
- Tex. Prop. Code §209.0094 — Assessment Lien Filing
- Tex. Prop. Code §209.011 — Right of Redemption After Foreclosure
- Tex. Prop. Code §209.014 — Mandatory Election Required After Failure to Call Regular Meeting
Legal references last verified May 19, 2026.
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