Texas

Texas HOA Laws: Statutes, Rules & Board Duties

What Texas statutes actually require of community associations — meetings, fines, assessments and liens, records, reserves, architectural review, and the resident protections a board cannot override. Every point is cited to statute.

By the Grihak Team · Researched 2026-07-09

Primary statute: Texas Residential Property Owners Protection Act, Tex. Prop. Code Ch. 209; restrictive covenants, Tex. Prop. Code Ch. 202; condominiums, Uniform Condominium Act, Tex. Prop. Code Ch. 82

Applies to: Community associations (property owners' associations) in Texas

⚠️ Informational summary only — not legal advice. Laws change and facts matter. Confirm current requirements with the statute and a licensed Texas attorney before acting.

Governing statutes

The Texas Residential Property Owners Protection Act (TRPOA), Tex. Prop. Code Ch. 209, is the primary statute for residential subdivisions with a mandatory-membership property owners' association (Tex. Prop. Code § 209.003).
Tex. Prop. Code Ch. 202 governs the construction and enforcement of restrictive covenants generally; covenants are liberally construed to give effect to their purposes (Tex. Prop. Code § 202.003).
Condominiums are governed by the Uniform Condominium Act, Tex. Prop. Code Ch. 82 (condominiums created on or after Jan. 1, 1994, with parts applied retroactively to older regimes) (Tex. Prop. Code § 82.002). (verify retroactivity scope.)
Most associations are also nonprofit corporations under the Texas Business Organizations Code, which supplies default rules on directors, elections, and quorum. (verify — BOC Title 2.)
A dedicatory instrument (declaration, bylaws, rules) is not enforceable until recorded in the county real property records (Tex. Prop. Code § 202.006).

Meetings & notice

Open board meetings: regular and special board meetings must be open to owners; the board may adjourn into closed executive session for litigation, personnel, contract negotiations, enforcement actions, attorney-client communications, and matters affecting owner privacy (Tex. Prop. Code § 209.0051).
Notice: at least 144 hours (6 days) before a regular board meeting and 72 hours before a special board meeting, by posting on the association's common area or website plus email to owners who have registered an email address — or by mail not later than the 10th day and not earlier than the 60th day before the meeting (Tex. Prop. Code § 209.0051).
Any decision made in executive session must be summarized orally in the open meeting and recorded in general terms in the minutes (Tex. Prop. Code § 209.0051).
The board must keep written minutes of each regular or special board meeting and make them available to members for inspection and copying on written request (Tex. Prop. Code § 209.0051).
Member (annual/special) meetings, quorum, and board-election voting (written, electronic, and absentee/proxy ballots) are governed by the bylaws and Tex. Prop. Code §§ 209.0058–209.00594. (verify exact section numbers for ballots/elections.)

Fines & enforcement

Before it may levy a fine, suspend a common-area right, charge for property damage, file suit (other than to collect assessments), or report a delinquency to a credit service, the association must send written notice by certified mail describing the violation, the amount, any cure period, and the right to request a hearing (Tex. Prop. Code § 209.006).
The owner is entitled to a reasonable period to cure a curable violation that does not threaten public health or safety; if the owner cures, no fine may be assessed (Tex. Prop. Code § 209.006).
The owner may request a hearing before the board within 30 days of the notice; the board must hold the hearing within 30 days of the request with at least 10 days' notice of date/time/place; postponements of up to 10 days are allowed, and ADR is available (Tex. Prop. Code § 209.007).
An association that fines must adopt a written enforcement policy and schedule of fines (by category of violation, with hearing information) and distribute it to owners by website posting or annual delivery (Tex. Prop. Code § 209.0061, added by HB 614, eff. Jan. 1, 2024).
When payments are applied, a fine may not be given priority over any other amount owed to the association (Tex. Prop. Code § 209.0063).

Assessments, liens & foreclosure

An association composed of more than 14 lots must offer a reasonable alternative payment plan for delinquent assessments — minimum term 3 months, and it need not extend beyond 18 months — without accruing additional monetary penalties (Tex. Prop. Code § 209.0062).
Payments must be applied in priority order: delinquent assessments first, then current assessments, then other charges; fines may not be prioritized (Tex. Prop. Code § 209.0063).
Texas requires judicial foreclosure of an assessment lien. An association may not foreclose unless it obtains a court order through the expedited-foreclosure process (Tex. R. Civ. P. 736) — or the owner agrees in writing to nonjudicial foreclosure after the debt arises; it cannot simply post and sell like a deed-of-trust foreclosure (Tex. Prop. Code § 209.0092).
An association may not foreclose if the debt securing the lien consists solely of fines and/or attorney's fees associated with fines (Tex. Prop. Code § 209.009).
Before applying for foreclosure, the association must give written notice and a 61-day opportunity to cure to inferior lienholders of record (Tex. Prop. Code § 209.0091).
The owner (or a lienholder) has a 180-day right of redemption after the sale, measured from the date the association mails written notice of the sale (Tex. Prop. Code § 209.011). HOA assessment liens are a constitutional exception to Texas homestead protection. (verify — Tex. Const. art. XVI, § 50.)

Records access

An owner (or authorized representative) requests records by written request sent by certified mail, describing the books/records and electing either inspection or copies (Tex. Prop. Code § 209.005).
The association must respond within 10 business days — either producing copies or sending written notice of dates the owner may inspect the records (Tex. Prop. Code § 209.005).
The board must adopt a records production and copying policy prescribing the costs it will charge; the owner is responsible for those costs (Tex. Prop. Code § 209.005).
Board-meeting minutes must be kept and made available for inspection and copying on written request (Tex. Prop. Code § 209.0051).
Condominiums: owner access to association records is governed by Tex. Prop. Code § 82.1141.

Reserves & budgets

Texas has no statutory requirement for a residential HOA to conduct a reserve study or to fund reserves; reserve practices are governed by the association's own dedicatory instruments (nothing in Ch. 209 mandates them). (verify — accurate as of 2026.)
Condominium boards may adopt and amend budgets for common expenses and reserves (Tex. Prop. Code § 82.102).
Reserve amounts must be disclosed in a condominium resale certificate (Tex. Prop. Code § 82.157), and reserves/approved capital expenditures are disclosed in a non-condo resale certificate (Tex. Prop. Code § 207.003).

Architectural control

Tex. Prop. Code § 209.00505 governs an architectural review authority (ARC) and applies only to associations with more than 40 lots, and not during a declarant-controlled development period.
A current board member, a board member's spouse, or a person residing in a board member's household may not serve on the architectural review authority (Tex. Prop. Code § 209.00505).
A denial of an owner's application must be provided in writing (certified mail, hand delivery, or electronic delivery) and may be appealed to the board, which holds a hearing and may affirm, modify, or reverse the ARC's decision consistent with the declaration (Tex. Prop. Code § 209.00505).

Protected activities (what an HOA generally cannot prohibit)

Solar energy devices: an association may not prohibit installation; it may impose limited conditions (e.g., safety, zoning, not extending beyond the roofline) (Tex. Prop. Code § 202.010).
Flags: may not prohibit display of the U.S., Texas, or a U.S. armed-forces flag; may reasonably regulate size/number/location but must allow at least one flagpole in the front yard or attached to the home (Tex. Prop. Code § 202.012).
Religious items on an entry door or door frame may not be prohibited; narrow limits apply (e.g., items exceeding 25 square inches) (Tex. Prop. Code § 202.018).
Water-conserving landscaping: may not prohibit drought-resistant landscaping / water-conserving natural turf (§ 202.007(a)(4)), rain barrels / rainwater-harvesting systems (§ 202.007(a)(2)), or composting of vegetation (§ 202.007(a)(1)); reasonable aesthetic regulation is allowed (Tex. Prop. Code § 202.007).
Political signs: may not prohibit a sign for a candidate or ballot item from the 90th day before through the 10th day after the election; material, size, and lighting may be regulated (Tex. Prop. Code § 202.009).
Roofing materials: may not prohibit shingles designed to be wind/hail-resistant or more energy-efficient where they resemble otherwise-authorized shingles (Tex. Prop. Code § 202.011).
Standby electric generators: restrictions on installation and use are limited (Tex. Prop. Code § 202.019).

Fair housing & assistance animals

The Texas Fair Housing Act, Tex. Prop. Code Ch. 301, mirrors the federal Fair Housing Act and prohibits housing discrimination, including on the basis of disability (Tex. Prop. Code § 301.021).
Housing providers, including associations, must make reasonable accommodations in rules, policies, practices, or services when necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling (Tex. Prop. Code § 301.025). (verify exact subsection.)
Assistance/support animals are not pets, so "no-pets" rules and pet fees/deposits do not apply; reliable documentation of a disability-related need may be requested when the need is not obvious (federal FHA; HUD assistance-animal guidance). Texas has no HOA-specific assistance-animal statute; the service-animal provisions in Tex. Hum. Res. Code § 121.003 address public accommodations, not housing. (verify.)

Required disclosures

The association must record and file a management certificate (with TREC) listing the association's name, mailing address, and management contact/fees (Tex. Prop. Code § 209.004; condominiums, Tex. Prop. Code § 82.116).
Resale certificate / subdivision information must be delivered within 10 business days of a written request; the assembly fee is capped at $375, plus up to $75 for an update, and no fee may be charged if the certificate is not timely delivered (Tex. Prop. Code § 207.003). (verify fee-cap subsection.)
The enforcement/fine policy (§ 209.0061) and the records production and copying policy (§ 209.005) must be adopted and distributed to owners.
Dedicatory instruments and their amendments must be recorded to be enforceable (Tex. Prop. Code § 202.006).

Dispute resolution

An owner has a statutory right to a hearing before the board and to alternative dispute resolution (ADR) before certain enforcement actions (Tex. Prop. Code § 209.007).
Associations of more than 14 lots must offer an alternative payment plan for delinquent assessments as a collection-dispute mechanism (Tex. Prop. Code § 209.0062).
Texas has no mandatory statewide HOA mediation program; deed-restriction disputes are litigated under Tex. Prop. Code § 202.004, and lien foreclosure requires a court order via expedited foreclosure (Tex. Prop. Code § 209.0092).

Recent changes (2023–2026)

2021 (87th Leg.) — SB 1588 / HB 3571 (eff. Sept. 1, 2021): major owner-protection package that created the architectural review authority (§ 209.00505), the management-certificate/TREC filing regime (§ 209.004), the records production and copying policy (§ 209.005), expanded electronic notice/meeting options, and revised resale-certificate rules.
2023 (88th Leg.) — HB 614 (eff. Jan. 1, 2024): requires an association that fines to adopt a written enforcement policy and schedule of fines (§ 209.0061).
2023 (88th Leg.) — HB 886: expanded pre-enforcement notice / attorney-fee provisions for certain violations. (verify scope and code placement.)
2025 (89th Leg., concluded June 2, 2025): only a limited number of HOA bills passed; no major change to the core fine/foreclosure framework was identified. (verify — confirm any enacted 2025 amendments before relying.)

Sources

Tex. Prop. Code Ch. 209 (official) — https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm
Tex. Prop. Code Ch. 202 (official) — https://statutes.capitol.texas.gov/Docs/PR/htm/PR.202.htm
Tex. Prop. Code Ch. 82 Uniform Condominium Act (official) — https://statutes.capitol.texas.gov/Docs/PR/htm/PR.82.htm
Tex. Prop. Code Ch. 301 Texas Fair Housing Act (official) — https://statutes.capitol.texas.gov/Docs/PR/htm/PR.301.htm
§ 209.0051 Open Board Meetings — https://law.justia.com/codes/texas/property-code/title-11/chapter-209/section-209-0051/ ; https://codes.findlaw.com/tx/property-code/prop-sect-209-0051/
§ 209.005 Association Records — https://codes.findlaw.com/tx/property-code/prop-sect-209-005/ ; https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PR&Value=209.005
§ 209.006 Notice Required Before Enforcement Action — https://codes.findlaw.com/tx/property-code/prop-sect-209-006/ ; https://law.justia.com/codes/texas/property-code/title-11/chapter-209/section-209-006/
§ 209.007 Hearing Before Board; ADR — https://texas.public.law/statutes/tex._prop._code_section_209.007 ; https://codes.findlaw.com/tx/property-code/prop-sect-209-007.html
§ 209.0061 Association Policy; Fines (HB 614) — https://texas.public.law/statutes/tex._prop._code_section_209.0061 ; HB 614 enrolled — https://capitol.texas.gov/tlodocs/88R/billtext/html/HB00614F.htm
§ 209.0062 Alternative Payment Schedule — https://codes.findlaw.com/tx/property-code/prop-sect-209-0062/
§ 209.0063 Priority of Payments — https://texas.public.law/statutes/tex._prop._code_section_209.0063
§ 209.009 / § 209.0091 / § 209.0092 foreclosure prerequisites — https://codes.findlaw.com/tx/property-code/prop-sect-209-0091/ ; https://texas.public.law/statutes/tex._prop._code_section_209.0091 ; Texas State Law Library HOA foreclosures — https://guides.sll.texas.gov/foreclosure/hoa-foreclosures
§ 209.011 Right of Redemption After Foreclosure — https://law.justia.com/codes/texas/property-code/title-11/chapter-209/section-209-011/ ; https://texas.public.law/statutes/tex._prop._code_section_209.011
§ 209.00505 Architectural Review Authority — https://law.justia.com/codes/texas/property-code/title-11/chapter-209/section-209-00505/ ; https://texas.public.law/statutes/tex._prop._code_section_209.00505
§ 202.007 Certain Restrictive Covenants Prohibited (landscaping/rainwater/composting) — https://texas.public.law/statutes/tex._prop._code_section_202.007
§ 202.009 Political Signs — https://law.onecle.com/texas/property/202.009.html
§ 202.010 Solar Energy Devices — https://texas.public.law/statutes/tex._prop._code_section_202.010
§ 202.011 Roofing Materials — https://texas.public.law/statutes/tex._prop._code_section_202.011
§ 202.012 Flag Display / § 202.018 Religious Items / § 202.019 Standby Generators (chapter index) — https://statutes.capitol.texas.gov/Docs/PR/htm/PR.202.htm ; https://texas.public.law/statutes/tex._prop._code_title_11_chapter_202
§ 207.003 Delivery of Subdivision Information (resale certificate) — https://law.justia.com/codes/texas/property-code/title-11/chapter-207/section-207-003/ ; https://codes.findlaw.com/tx/property-code/prop-sect-207-003/
Ch. 82 condominium records/reserves (§ 82.102, § 82.1141, § 82.157) — https://texas.public.law/statutes/tex._prop._code_title_7_chapter_82 ; https://codes.findlaw.com/tx/property-code/prop-sect-82-112/
Texas Fair Housing Act / assistance animals — https://statutes.capitol.texas.gov/Docs/PR/htm/PR.301.htm ; TDHCA HUD assistance-animal guidance — https://www.tdhca.texas.gov/sites/default/files/fair-housing/docs/21-FHM-AssistanceAnimals.pdf
2021 SB 1588 (87R) — https://www.legis.state.tx.us/tlodocs/87R/billtext/pdf/SB01588S.pdf ; 2025 legislative update — https://texashoalaw.com/texas-hoa-law-2025-legislative-update/

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Frequently asked questions

What laws govern HOAs in Texas?

The Texas Residential Property Owners Protection Act (TRPOA), Tex. Prop. Code Ch. 209, is the primary statute for residential subdivisions with a mandatory-membership property owners' association (Tex. Prop. Code § 209.003). - Tex. Prop. Code Ch. 202 governs the construction and enforcement of restrictive covenants generally; covenants are liberally construed to give effect to their purposes (Tex. Prop. Code § 202.003).

Can a Texas HOA fine a homeowner, and what process is required?

Before it may levy a fine, suspend a common-area right, charge for property damage, file suit (other than to collect assessments), or report a delinquency to a credit service, the association must send written notice by certified mail describing the violation, the amount, any cure period, and the right to request a hearing (Tex. Prop. Code § 209.006).

What are the board meeting and notice rules for Texas HOAs?

Open board meetings: regular and special board meetings must be open to owners; the board may adjourn into closed executive session for litigation, personnel, contract negotiations, enforcement actions, attorney-client communications, and matters affecting owner privacy (Tex. Prop. Code § 209.0051).

What HOA records can Texas homeowners inspect?

An owner (or authorized representative) requests records by written request sent by certified mail, describing the books/records and electing either inspection or copies (Tex. Prop. Code § 209.005). - The association must respond within 10 business days — either producing copies or sending written notice of dates the owner may inspect the records (Tex. Prop. Code § 209.005).

When can a Texas HOA place a lien or foreclose over unpaid assessments?

An association composed of more than 14 lots must offer a reasonable alternative payment plan for delinquent assessments — minimum term 3 months, and it need not extend beyond 18 months — without accruing additional monetary penalties (Tex. Prop. Code § 209.0062). - Payments must be applied in priority order: delinquent assessments first, then current assessments, then other charges; fines may not be prioritized (Tex. Prop. Code § 209.0063).

Does HOA software make a Texas board automatically compliant?

No. Compliance is the board's legal responsibility, guided by your association's attorney. Software like Grihak lowers effort and error by turning requirements into default workflows — noticed agendas, recorded votes, auto-generated minutes, documented violation hearings, permissioned document access, and a timestamped dues ledger — but it supports compliance rather than guaranteeing it.