Texas HOA laws: A guide for boards and homeowners

What laws govern Texas HOAs?

Most subdivision HOAs are governed by the Texas Residential Property Owners Protection Act, found in Chapter 209 of the Texas Property Code. Other important laws include Chapters 202 and 207, along with the association’s declaration, bylaws, and HOA rules.
 

Key Texas HOA laws

Important Texas HOA laws that the board of directors and homeowners should understand include:

• Texas Residential Property Owners Protection Act: Establishes requirements for many subdivision HOAs involving records, board meetings, enforcement notices, payment plans, collections, liens, and foreclosure (Tex. Prop. Code Chapter 209).
   
• Restrictive covenant laws: Address how neighborhood covenants are interpreted and enforced while limiting restrictions on certain property uses and owner improvements (Tex. Prop. Code Chapter 202).
   
• Resale certificate requirements: Give owners, purchasers, and their agents a process for requesting association information before a sale. The fee for preparing and delivering a subdivision resale certificate is typically capped at $375 (Tex. Prop. Code §§ 207.002–207.003).
   
• Open board meeting requirements: Generally require board meetings to be open to owners, with advance notice and limited use of closed executive sessions for permitted subjects (Tex. Prop. Code § 209.0051).
   
• Notice before enforcement: Requires written notice before an association may take certain enforcement actions, such as imposing fines or suspending an owner’s right to use common areas (Tex. Prop. Code §§ 209.006–209.007).
   
• Payment plan requirements: Require associations composed of more than 14 lots to adopt reasonable guidelines allowing qualifying owners to pay certain delinquent assessments under an alternative payment schedule (Tex. Prop. Code § 209.0062).

What powers do HOAs have under Texas law?

A Texas HOA may exercise the authority granted by its governing documents and applicable law. This may include collecting HOA assessments, maintaining common property, adopting reasonable rules, reviewing architectural applications, enforcing recorded restrictions, entering contracts, and placing assessment liens.

The board cannot create powers the association does not have. Before acting, it should identify the provision supporting its decision and confirm with qualified legal counsel that newer Texas HOA laws have not limited that authority.
 

What rights do homeowners have under Texas HOA laws?

Depending on the specific circumstances, homeowners may have the right to attend open board meetings, inspect certain association records, receive notice before specified enforcement actions, request a hearing, vote in association elections, and obtain resale information.

Owners also have the right to challenge an association action that conflicts with state law or the governing documents. The available process may involve the board, alternative dispute resolution, justice court, or another court with jurisdiction.
 

What records must Texas HOAs keep and share?

Texas associations must keep financial and other records reasonably related to their operation. An owner or the owner’s authorized representative may request access to qualifying records in writing, subject to statutory procedures, costs, and exceptions for protected information.

Covered subdivision HOAs must adopt a records production and copying policy, and associations with more than 14 lots must also adopt and comply with a document retention policy (Tex. Prop. Code § 209.005(i) and (m)).
 

Can an HOA foreclose on a home in Texas?

A Texas HOA may be able to foreclose an assessment lien, but only after following detailed notice, cure, lien, and court procedures. Chapter 209 generally requires judicial authorization before foreclosure of a subdivision HOA assessment lien.

An association cannot foreclose solely to collect fines, attorneys’ fees connected only to fines, or certain other excluded charges. Owners facing possible foreclosure should speak with qualified legal counsel.
 

What HOA rules are limited by Texas law?

Texas HOA laws limit an association’s ability to prohibit or unreasonably restrict several lawful property uses. Depending on the statute and community, protected items may include:

• Solar energy devices (Tex. Prop. Code § 202.010)
   
• Rain barrels and rainwater-harvesting systems (Tex. Prop. Code § 202.007)
   
• Drought-resistant landscaping (Tex. Prop. Code § 202.007)
   
• Certain roofing materials (Tex. Prop. Code § 202.011)
   
• Qualifying flag displays (Tex. Prop. Code § 202.012)
   
• Religious displays (Tex. Prop. Code § 202.018)
   
• Reasonable security measures (Tex. Prop. Code § 202.023)
   
• Standby electric generators (Tex. Prop. Code § 202.019)
   
• Certain swimming pool enclosures (Tex. Prop. Code § 202.022)

Associations may retain authority over placement, appearance, and installation when the statute permits reasonable standards.
 

Can an HOA fine an owner for a brown lawn during water restrictions?

Texas law may prohibit an association from assessing a fine for discolored or brown vegetation or turf while the property is subject to a qualifying residential watering restriction that could reasonably cause that condition, as well as during the 60 days after the restriction is lifted.

Boards should confirm the current restriction and statutory conditions before sending a violation notice related to lawn appearance (Tex. Prop. Code § 202.008).
 

What should buyers and sellers know about Texas HOA laws?

Buyers should review the declaration, bylaws, rules, current assessments, pending special assessments, litigation, and resale certificate before closing. They can also search the TREC HOA database for the association’s management certificate and contact information.

Sellers must provide the statutory written notice of mandatory association membership when applicable and request resale documents early. For subdivision HOAs, state law generally caps the resale certificate fee at $375 and the update fee at $75 (Tex. Prop. Code §§ 5.012 and 207.003).
 

Frequently asked questions about Texas HOA laws

Do Texas HOA laws apply to every community?

No. Chapter 209 generally applies to mandatory membership property owners’ associations in residential subdivisions, but exceptions exist. For example, condominiums whose declarations were recorded on or after January 1, 1994, are generally governed by the Texas Uniform Condominium Act (Chapter 82). Older condominiums are generally governed by Chapter 81, with certain Chapter 82 provisions also applying.
 

Can a Texas HOA ban solar panels?

An HOA generally cannot prohibit solar energy devices, but it may apply certain restrictions permitted by statute. These can address location or installation when statutory conditions are satisfied. Boards should review proposed standards with counsel rather than relying on a broad prohibition (Tex. Prop. Code § 202.010).
 

Can a Texas HOA prohibit flags?

Generally, an HOA cannot broadly prohibit qualifying displays of the United States flag, Texas flag, or a United States armed forces flag. However, associations might be able to adopt permitted rules involving size, location, flagpoles, lighting, and condition. Other flags may remain subject to the governing documents (Tex. Prop. Code § 202.012).
 

Can a Texas HOA report unpaid assessments to credit bureaus?

A covered association may report delinquent assessments, fines, and fees to a credit reporting service only after sending the owner a detailed report of all delinquent charges at least 30 business days before reporting and giving the owner an opportunity to enter a payment plan.

The association may not report charges that are subject to a pending dispute. Boards should review their collection policy with counsel before reporting a debt (Tex. Prop. Code § 209.0065).
 

About FirstService Residential

FirstService Residential is North America’s leading property management company and a trusted partner to communities across Texas. For more than two decades, we’ve provided comprehensive property management services that help boards, owners, and residents protect their investments and enhance daily life.

Our Texas team offers tailored support that includes financial management, maintenance coordination, industry-leading technology, local expertise, and 24/7 customer care. We simplify property management so you can focus on what matters most.

Contact us today to learn more.

This information is provided for general informational purposes only and is not intended to constitute, and should not be relied upon as legal, regulatory, financial, or operational advice, or as a representation or guarantee of any specific services, capabilities, or outcomes. Property management needs, regulatory requirements, market conditions, and available services vary by jurisdiction, property type, and community. FirstService Residential provides services through locally based affiliates and associates, and services and results may vary by community, region, contractual terms, and applicable law.