If the lien is only fines, they may not foreclose it.
The Texas HOA Governance & Lien Kit is fill-in letters for the board process itself: a fines-only lien (§ 209.009), a vote taken only in closed session (§ 209.0051), a board that will not call an annual meeting (§ 209.014), and a 15-day recount. Instant PDF. Type, print, certified mail tonight.
What you get
Fines-only lien
§ 209.009. Ask them to confirm they will not foreclose a lien that is solely fines or fine-related attorney’s fees, release a recorded affidavit, and itemize if they claim assessments.
Pre-foreclosure information
Cover letter only: itemize, payment plan, hearing, 45-day collector rule, judicial or not. Not an answer, a TRO, or a defense. Send with C1 / C3 / B1 as needed.
Redemption inquiry
After a sale. Asks for the § 209.010 mailing date (that starts the ~180-day window), purchaser, and itemized § 209.011 figures. Not a tender. Get a lawyer before you send money.
Vote in the open
§ 209.0051. Fine, enforcement, or a particular owner’s suspension voted only in executive session. Demand the open-session motion — or vacate and set a noticed meeting.
Demand annual meeting
D5-A to the registered agent and the management-certificate address. D5-B a copy to every owner — the statute requires that. D5-C committee sketch if 30 days pass with no meeting.
Recount of votes
§ 209.0057. Within 15 days of the meeting or the announcement of results. They invoice you in 20 days; pay in 30 or the demand is withdrawn. Reimbursed if the result changes.
Owner petition cover
When your bylaws require a percent of lots to call a special meeting. Signature page included. This is not the § 209.014 demand — that is D5.
How to send
Which letter, the foreclosure stop line, D5’s two certified envelopes plus copies to members, D6 verified mail or in person. Fort Worth filled samples on every letter.
Typical first envelope: D1 if the lien is fines. D4 if they never voted in the open. D5–D7 are board-process letters. D2 and D3 are information only.
A look at the fines-only letter
Texas Property Code § 209.009 provides that a property owners’ association may not foreclose a property owners’ association’s assessment lien if the debt securing the lien consists solely of fines assessed by the association, or attorney’s fees incurred by the association solely associated with fines assessed by the association.
Please, within ten (10) days of receiving this letter: confirm in writing that the association will not foreclose an assessment lien that consists solely of those amounts; if a lien affidavit has been recorded, record a release …; send an itemized ledger separating regular/special assessments from fines and fine-related fees.
I am not refusing to pay lawful assessments. I dispute foreclosure of a fine-only lien.
Who this is for
- You live in a Texas single-family or townhome HOA (Chapter 209). Not a condominium — condos are mostly Chapter 82.
- The recorded lien or the threat looks like fines (or attorney’s fees only on fines) — not unpaid assessments.
- A fine or suspension was decided only in executive session, the board has not called an annual meeting, or a close election just happened and you are still inside 15 days.
- You want the statutory process on paper. You are not trying to win on Facebook.
Who this is not for
- Condo owners using this as if Chapter 209 applied.
- Anyone who already has a notice of sale, citation, lawsuit, or trustee date — that is a lawyer’s file, not a $19 PDF. Do not use D2 or D3 as a defense.
- Anyone who wants D1 to wipe lawful assessments. It does not. Mixed ledgers get itemized first (Collections kit, C1).
- Anyone who wants a guarantee they will release the lien or call a meeting. The letters cite the statute and start a paper trail. They do not hold the gavel.
How it works
- Checkout on Payhip. The PDF downloads immediately.
- Open D1 if the debt is fines. Open D4 if there was no open-session vote. Open D5 only if you are prepared to copy every owner.
- Email a PDF the same day, then mail a signed original certified, return receipt to the address on the recorded management certificate. D5 also goes to the registered agent (Texas SOS). D6 is verified mail / signature confirmation, or in person to the managing agent.
- Keep the green cards. Calendar D6’s 15-day window and the invoice/pay dates. If a sale is already set, stop and call a Texas HOA attorney — do not keep filling templates.