General information, not legal advice. Landlord-tenant rules change, and cities and counties can add their own. Check the current statute and local ordinances, and talk to a licensed attorney before you act.
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The short version
- Most Texas residential subdivision associations are governed by Texas Property Code chapter 209, while condominiums follow a separate condominium act.
- Board meetings are generally open to owners with advance notice, and owners have a right to inspect association records.
- Collections require written notice, an opportunity to cure and access to a payment plan before most enforcement steps.
- State law limits how associations can restrict items such as flags, solar panels and certain landscaping choices.
Homeowners associations manage a large share of new residential neighborhoods in Texas. The main statute for residential subdivisions is Texas Property Code chapter 209, often called the Texas Residential Property Owners Protection Act. Chapter 202 adds rules on restrictive covenants, and condominiums follow their own statute.
This guide summarizes what board members and community managers need to know. It is general information, not legal advice. The Legislature amends HOA law regularly, and your declaration, bylaws and dedicatory instruments add their own requirements, so consult a Texas attorney who represents associations.
For the operational side of running a community, see our HOA management guide.
Governing documents
A Texas association’s authority comes from its dedicatory instruments, which generally include:
- The declaration of covenants, conditions and restrictions, recorded in the county property records
- The certificate of formation and bylaws
- Rules, regulations and architectural guidelines adopted by the board
Associations must file a management certificate in the county real property records with contact information for the association and its manager, and keep it updated. Dedicatory instruments must also be recorded to be enforceable, and many associations post them online.
Board meetings and elections
Board meetings are generally open to owners. Owners must receive advance notice of the date, time, place and general subject of regular and special meetings, using methods the statute allows such as mail, posting or email. Boards may meet in closed session only for limited topics, such as pending litigation, enforcement actions, personnel matters, and confidential owner financial or privacy information. Final decisions must be made in an open meeting.
Boards can consider some routine matters without a meeting through electronic voting, but certain actions, such as fines, increasing assessments, foreclosure and election of officers, generally require an open meeting. Elections must follow the statute’s rules on voting methods, including absentee and electronic ballots, and some votes require secrecy.
Records and disclosures
Owners have a right to inspect and copy association records, including financial records, budgets, minutes and contracts. The request is made in writing, and the association must respond within a statutory deadline, either by producing the records or by stating when they will be available. Associations must adopt a records production and retention policy and may charge reasonable copying costs under that policy.
When a home is sold, the association must provide resale certificates and other information within set timelines, and fees for those documents are subject to limits.
Assessments and collections
Assessments are set according to the declaration. Before turning a delinquent account over to a collection agent or attorney, the association must send written notice by the required method stating the amount owed, the options for paying and a period to cure the delinquency. Associations must also:
- Offer an alternative payment schedule, with guidelines recorded in the property records
- Apply payments in a statutory order of priority, generally with assessments before fines
- Avoid charging collection costs before required notices are sent
Foreclosure for unpaid assessments is restricted. An association generally cannot foreclose when the debt consists only of fines or attorney fees associated with fines, and many foreclosures require a court order through an expedited procedure. Owners may also have a right of redemption after a foreclosure sale. Because mistakes can void the process, most boards use a collection attorney.
Tip: Adopt a written collection policy and a payment plan policy, record them as required and apply them the same way to every owner.
Fines, enforcement and architectural review
Before levying a fine or suspending common area privileges for a violation, the association generally must send written notice describing the violation, the proposed action, a period to cure if the violation is curable, and the owner’s right to request a hearing before the board.
Architectural review committees must act according to the dedicatory instruments. If an application is denied, the owner generally has a right to request a hearing. Texas law limits how far associations can restrict several items, including:
- Display of the United States flag, the Texas flag and certain other flags
- Solar energy devices and certain roofing materials, subject to reasonable rules
- Rain barrels and drought-tolerant landscaping
- Certain religious items displayed at a home entry
- Standby electric generators, subject to reasonable rules
Disputes and owner rights
Owners can use the board hearing process to contest fines and certain decisions, and they can sue to enforce their rights under the statute and the governing documents. Some disputes go to justice court, while larger matters are heard in district or county court. Mediation is often a useful first step, even when not required.
Boards can reduce disputes with a few habits:
- Send clear, written notices that cite the specific rule involved
- Keep minutes that record every vote and the reason for major decisions
- Enforce rules consistently, and document why any exception was granted
- Respond to records requests and hearing requests within the deadlines
Owners also have the right to run for the board, vote in elections, attend open meetings and, in many cases, call a special meeting with enough owner support under the bylaws.
Associations managing rentals within a community should also understand Texas landlord-tenant rights, since leasing rules in the declaration interact with state law. TenantLoop’s HOA mode helps boards track assessments, violations and owner communication in one system.
Verify current law
Texas HOA law changes in most legislative sessions, and the rules for condominiums differ from those for subdivisions. Cities and counties can also have ordinances that affect associations, such as short-term rental rules. Before acting, confirm the current statute text, review your dedicatory instruments and consult a Texas attorney who represents associations.
Related reading: California HOA laws, Texas security deposit laws, and the definitions of condominium and common area maintenance.
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The parts people misread.
Which Texas law applies to my homeowners association?
Residential subdivisions are generally governed by Texas Property Code chapter 209, along with chapter 202 on restrictive covenants. Condominiums are governed by the Texas Uniform Condominium Act or, for older projects, an earlier condominium statute. Your governing documents also apply.
Can a Texas HOA foreclose on a home?
In some cases, yes, but the law sets strict limits. An association generally cannot foreclose for a debt made up only of fines or the attorney fees tied to fines, and it must follow notice and court procedures. Get legal advice before starting.
Do Texas HOAs have to offer payment plans?
Generally yes. Associations covered by chapter 209 must offer owners an alternative payment schedule for delinquent assessments, subject to guidelines the association adopts and limited exceptions for owners who defaulted on a recent plan.
Can an HOA in Texas ban solar panels?
Generally no. Texas law limits an association's ability to prohibit solar energy devices, although it can enforce certain reasonable placement and installation rules.