Texas HOA Board Resources

Texas HOA & Condo Law: A Plain-Language Guide for Board Members

Most of what a Texas board must do — and must not do — is in a handful of Property Code chapters. Here's a map, with links to the official text for each topic.

Last reviewed November 1, 2026

Educational only, not legal advice. This page summarizes Texas law in plain language and may not reflect the latest amendments or your community's governing documents. Read the linked statute and consult a Texas attorney who represents community associations before acting.

Which chapters apply to your association?

Chapter What it covers Applies to
Ch. 202 Restrictive covenants generally: construction, enforcement, and many "you can't prohibit" rules (solar, flags, roofing, generators, security measures, religious items, pool enclosures) Subdivisions with deed restrictions
Ch. 204 Creating, extending, and modifying restrictions; association powers; architectural control committees Subdivisions in certain large counties — including Harris County and some neighboring counties (see §204.002)
Ch. 207 Resale certificates and subdivision information delivered when a home is sold Property owners' associations
Ch. 209 Texas Residential Property Owners Protection Act — records, meetings, elections, notices, fines, collections, foreclosure Residential POAs (most HOAs)
Ch. 81 Condominium Act Condos with declarations recorded before Jan. 1, 1994 (unless they opted into Ch. 82)
Ch. 82 Texas Uniform Condominium Act Condos with declarations recorded on or after Jan. 1, 1994 (§82.002)

Your governing documents (declaration/CC&Rs, bylaws, certificate of formation, rules, and policies) sit underneath the statute. When a document conflicts with a mandatory statute, the statute generally controls. Many Chapter 209 sections say they apply "notwithstanding a provision in a dedicatory instrument."

Records access

Owners have a statutory right to examine and copy association books and records, including financial records.

  • HOAs: §209.005 sets the request process, the association's response obligations, what may be withheld (for example certain personnel, owner violation, and privileged attorney information), and what the association may charge. The board must adopt a records production and copying policy, and associations with more than 14 lots must adopt and follow a document retention policy.
  • Condos: §82.114 (records the association must keep) and §82.1141 (owner access) mirror the HOA approach.

Board tip: Write down the date every records request arrives and track your response against the statute's timeline. Missed records requests are among the most common owner complaints.

Open board meetings

  • HOAs: §209.0051 requires board meetings to be open to owners. The board may adjourn into executive session only for specific topics (such as personnel, pending or threatened litigation, contract negotiations, enforcement actions, confidential communications with the association's attorney, and owner privacy matters), and must take any final action in open session. The section also governs how owners must be notified and when a board may act without a meeting (for example, by electronic or telephone vote on certain routine matters).
  • Condos: §82.108 requires at least one association meeting each year, lets owners holding at least 20 percent of the votes call a special meeting (unless the declaration says otherwise), and requires association and board meetings to be open to owners, subject to executive session for listed topics.

Use our Notice of Board Meeting template and agenda template.

Elections and voting

Chapter 209 has detailed election rules:

  • §209.0056 — notice of elections and association votes
  • §209.0058 — ballots (absentee and electronic ballots, and how they're counted)
  • §209.0059 — a provision that disqualifies an owner from voting is void
  • §209.00591 and §209.00593 — board membership and election of board members
  • §209.00594 — tabulation of and access to ballots
  • §209.0057 — recounts on owner request
  • §209.014 — owners can force an election when the association fails to call a regular meeting

Condo voting, quorums, and proxies are covered in §82.109 and §82.110.

Violations, notices, and fines

Before an HOA may fine an owner, suspend common-area use, charge for property damage, sue (other than to collect assessments or foreclose), or report a delinquency to a credit bureau, §209.006 requires written notice by certified mail that describes the violation, states any amount due, tells the owner about the right to a reasonable period to cure (for curable violations), and explains the owner's right to request a hearing before the board under §209.007. Some owners also have rights under federal servicemember protections, and the notice must mention them.

Under §209.0061, an association authorized to levy fines must adopt an enforcement policy on fines and make it available to owners. §202.004 covers enforcement of restrictive covenants generally.

Our violation notice template is a starting point — have counsel confirm it meets §209.006 for your situation.

Assessments, collections, and payment plans

  • §209.0062: associations with more than 14 lots must adopt guidelines for an alternative payment schedule (payment plan). The minimum plan term is three months, and an association isn't required to allow a plan that extends more than 18 months from the owner's request.
  • §209.0063: the order in which owner payments must be applied (with delinquent assessments ahead of fines and attorney's fees).
  • §209.0064: before an owner can be held liable for a collection agent's fees, the association must send a certified-mail notice listing what is owed, describing payment-plan options, and giving the owner a period to pay.
  • §209.0065: credit reporting.
  • §209.008: limits on charging owners attorney's fees.
  • Condos: assessments and the association's lien are in §82.112 and §82.113.

Foreclosure limits

Texas sharply limits HOA foreclosure:

  • No foreclosure for fines alone — §209.009 bars foreclosing when the debt is solely fines, attorney's fees associated solely with fines, or certain records/recount charges.
  • Court order required — §209.0092 requires a court order through the expedited foreclosure procedure (with limited exceptions).
  • Notice to other lienholders — §209.0091.
  • Post-sale notice and right of redemption — §209.010 and §209.011. An owner may redeem the property up to the 180th day after the association mails notice of the sale.

Foreclosure is a last resort with real reputational and legal risk. Boards should make the decision in a properly noticed meeting, guided by counsel.

Architectural review

Use our architectural change request form.

Leasing

§209.016 bars HOAs from requiring tenant approval by the association or requiring submission of a tenant's credit report or rental application, while still allowing certain information to be required. Whether an association may impose a leasing fee or minimum lease term usually depends on the governing documents.

Management certificates, websites, and resale certificates

  • Management certificate: HOAs file under §209.004; condos under §82.116. Per the Texas Real Estate Commission's HOA management certificate page, Chapter 209 POAs and (since SB 711) Chapter 82 condo associations must also file their certificate electronically with TREC no later than seven days after filing it with the county clerk.
  • Online documents: §207.006 (HOAs) and new §82.1142 (certain condos, added by SB 711) require dedicatory instruments to be available online.
  • Resale certificates: §207.003 for HOAs; §82.157 for condos. As amended by SB 711 (effective Sept. 1, 2025), the maximum fee for a condominium resale certificate is $375.

Recent change: SB 711 (2025)

Senate Bill 711 (89th Legislature) took effect September 1, 2025. It extended several HOA-style transparency requirements to condominiums (online documents, TREC filing of management certificates, a resale certificate fee cap), adjusted the security-measures rules in §202.023, and added the architectural-review solicitation requirement. See our news summary.

Where to get help

Frequently asked questions

Which Texas law governs my HOA?

Most single-family and townhome associations are 'property owners' associations' governed mainly by Texas Property Code Chapter 209 (the Texas Residential Property Owners Protection Act), plus Chapters 202, 204 (in certain counties, including Harris County), and 207. Your recorded declaration, bylaws, and rules apply alongside the statute.

Which law governs a Texas condominium association?

Condominiums whose declaration was recorded on or after January 1, 1994 are governed by Chapter 82, the Texas Uniform Condominium Act. Older condominiums fall under Chapter 81, the Condominium Act, although Chapter 82 lets them opt in and some Chapter 82 sections apply to them as well.

Can an HOA in Texas foreclose for unpaid fines?

No. Section 209.009 prohibits a property owners' association from foreclosing its assessment lien when the debt consists solely of fines, attorney's fees associated solely with fines, or certain records-related charges. Foreclosure for assessments generally requires a court order under Section 209.0092.

Do HOA board meetings have to be open to owners?

Generally yes. Section 209.0051 requires regular and special board meetings to be open to owners, with limited exceptions for executive session topics. Condominium meetings are addressed by Section 82.108.

Is this page legal advice?

No. It is a plain-language educational summary. Read the current statute and consult a Texas attorney who represents community associations before acting.