HOA Laws in Texas

Most homeowners associations in Texas are governed by the Texas Residential Property Owners Protection Act, found in Chapter 209 of the Texas Property Code. Condominiums are governed primarily by the Texas Uniform Condominium Act (Chapter 82), and general restrictive-covenant rules appear in Chapter 202. This guide summarizes the areas boards ask about most. It is general information, not legal advice.

The governing statute

Chapter 209 sets baseline rules for many Texas property owners associations, covering open meetings, records access, board elections, rule enforcement and fines, and assessment-lien foreclosure. It does not replace your community's governing documents. Where the statute sets a minimum standard, your CC&Rs and bylaws still apply on top of it. Condominium communities should look primarily to Chapter 82. In addition, most Texas HOAs are incorporated as nonprofit corporations, which means the Texas Business Organizations Code, particularly the nonprofit corporation provisions in Chapter 22, also governs corporate matters such as member and board meetings, director duties, quorum, and voting alongside Chapter 209.

Meetings and open-meeting rules

Chapter 209 generally requires board meetings to be open to owners, with advance notice, and limits what may be handled in a closed executive session, such as legal advice, personnel matters, and certain owner-specific issues. Notice timing and meeting procedures are addressed in the statute and in your bylaws.

Elections and voting

Under Section 209.00593, board members whose terms have expired must be elected by the owners. The board may appoint someone to fill a vacancy for the remainder of an unexpired term. Board elections must use written, signed ballots, and an association may adopt rules allowing a secret ballot. Associations with more than 100 lots must solicit candidates at least 10 days before sending ballots, and each candidate may name one person to observe the ballot count.

Records access and owner inspection

Section 209.005 lets an owner, or an owner's authorized representative, request association books and records. The request must be in writing, sent by certified mail to the address on the association's most current management certificate, and must describe the records sought with enough detail. The board must adopt a records production and copying policy that sets the costs it will charge. Certain records may be withheld or redacted as the statute allows.

Assessments, liens, and foreclosure

Associations may levy assessments and place a lien for unpaid amounts as provided by their documents and the statute. Before foreclosing an assessment lien, Chapter 209 requires specific notices and, in most cases, a court order through an expedited or judicial process. Texas also gives owners a right of redemption after an association foreclosure sale, generally 180 days, allowing an owner to reclaim the property if statutory requirements are met.

Fines, enforcement, and due process

Before certain enforcement actions, an association must give written notice that describes the violation, states what is required to cure it, and allows a reasonable time to cure when the issue is curable and not an immediate health or safety threat. As of January 1, 2024, House Bill 614 requires associations that levy fines to adopt and publish an enforcement policy listing the categories of violations subject to fines, a schedule of fines, and hearing information. Owners have the right to request a hearing before the board to contest a violation or a fine.

Reserves and budgets

Texas does not generally require most HOAs to complete a formal reserve study or to fund reserves to a set level. Budgeting and reserve practices are governed by your community's own documents. Even without a state mandate, funding reserves for major repairs is a widely recommended practice.

Owner protections on common restrictions

Texas law limits how far an HOA can restrict certain owner rights. Statutes protect the reasonable installation of solar energy devices (Section 202.010), the display of the United States and Texas flags and certain other flags (Section 202.011), religious displays (Section 202.018), rainwater harvesting systems, and standby generators, among others, subject to reasonable conditions. Review the specific statute before denying a related request.

Dispute resolution

Many disputes are resolved through the association's internal hearing process and written notices. For disputes that escalate, mediation is common, and some matters proceed to court. An attorney can advise on the best path for a specific situation.

Recent legislation

Two recent changes are worth noting. Senate Bill 1588 (2021) expanded transparency requirements, including the management certificate that lists the association's contact information and where its recorded documents can be found. House Bill 614 (effective January 1, 2024) requires a published fine and enforcement policy. Legislation changes each session, so confirm the current text before relying on any provision.

Where to get official help

The full text of Chapter 209 is available from the Texas Legislature. For condominiums, see Chapter 82, and for general restrictive covenants, Chapter 202. For a specific situation, consult a Texas attorney experienced in community association law.