Tuesday July 29, 2025
What are HOA bylaws?
Texas HOA bylaws focus on the structure and procedures of the association, such as how the board is organized, how meetings are held, and how decisions are made. Unlike the CC&Rs, which set property use rules, Texas HOA bylaws are about board governance. They outline the framework that keeps the association running, covering details like:
- The number of board members and how they are elected or removed
- Officer positions (president, vice president, secretary, treasurer) and board member responsibilities
- Quorum requirements for board and membership meetings
- Procedures for adopting budgets, collecting assessments, and maintaining records
Governing documents in Texas HOAs
In Texas, HOA governing documents each serve a different purpose:Subdivision plats
A subdivision plat is a map filed with the county that shows property boundaries, common areas, and easements. It defines the physical layout of the community but does not set behavioral or operational rules.Covenants, Conditions, and Restrictions (CC&Rs)
CC&Rs are the legal documents that control how properties in the community can be used. They are recorded with the county and automatically apply to every current and future homeowner. CC&Rs often include restrictions on exterior design, fence types, landscaping standards, rental policies, and whether certain vehicles or boats can be kept on the property. Because they are tied to the property itself, homeowners must follow these rules regardless of whether they personally agreed to them.Articles of incorporation
These are filed with the Texas Secretary of State to legally create the HOA as a nonprofit corporation. They establish the HOA’s legal existence but do not typically include operational details.Bylaws
Texas HOA bylaws outline how the board is structured, how often meetings are held, how voting works, what officer roles exist, and how financial management should be handled. These rules are about governance, not property use, and they guide the board in making decisions and running the HOA’s business. Bylaws must comply with the Texas Property Code, which sets legal standards for how associations are managed.Rules and regulations
Rules and regulations are the HOA’s more practical, day-to-day guidelines. New HOA rules are created under the authority granted by the CC&Rs and are meant to address routine community issues. Common examples include setting pool hours, outlining trash collection schedules, instituting quiet hours, or limiting where guests can park. Rules and regulations cannot conflict with the CC&Rs or bylaws, but they give the board flexibility to manage community operations as needs change.Common HOA laws in Texas
Texas HOAs must follow both their governing documents and Texas state law, primarily the Texas Property Code. Some key requirements include:- Management certificates: HOAs must file a management certificate with the county clerk and electronically with the Texas Real Estate Commission (TREC).
- Assessments and fines: HOAs can collect assessments and impose fines only if authorized by their governing documents. Recent Texas laws require clear fine schedules and proper written notice before any fine can be enforced.
- Access to records: Homeowners have the right to request certain financial and meeting records from the board. HOAs must keep accurate records of assessments, budgets, and board meeting minutes.
- Homeowner rights to security measures: HOAs cannot issue an outright ban on security cameras, motion detectors, or perimeter fences, but they can enforce reasonable rules about appearance and placement.
- Lease agreement privacy: HOAs cannot demand to view lease agreements between homeowners and tenants.
- Fair housing compliance: All HOAs must comply with the federal Fair Housing Act, which prohibits discrimination based on protected classes.
- Foreclosures: HOAs may be able to foreclose for unpaid assessments, but only after following strict legal procedures, including proper notice.
Frequently asked questions about Texas HOA bylaws
Where can I find my association bylaws?
You can usually find your Texas HOA bylaws in the welcome packet you received when purchasing your home, or by requesting them directly from your board or HOA management company. HOAs are legally required to provide governing documents to residents within a prescribed window of time, though there may be a small fee for copies. Many HOAs also upload bylaws and CC&Rs to their websites or management portals.Can HOA bylaws be amended?
Yes, Texas HOA bylaws can be amended, but only according to the procedures outlined in the bylaws themselves. Most require a majority or supermajority vote of the membership, though some allow the board to make limited changes. Amendments must also comply with Texas law and cannot contradict the CC&Rs or articles of incorporation.How are bylaws amended?
To amend Texas HOA bylaws, the board typically proposes the changes, provides proper written notice to all members, and schedules a vote at a membership meeting. The specific voting threshold will be stated in the bylaws. Once approved, the amended bylaws should be distributed to owners.Who enforces Texas HOA bylaws?
Texas HOA bylaws are enforced by the association’s board of directors. The board is responsible for following the rules outlined in the bylaws when holding meetings, voting on decisions, and managing community funds. Homeowners can also play a role by reviewing meeting minutes, attending annual meetings, and requesting records when they believe procedures aren’t being followed.Need professional HOA management in Texas?
At FirstService Residential, we help simplify the many responsibilities that come with running a Texas HOA. Our team works closely with boards to support compliance with HOA bylaws, CC&Rs, and state laws. From preparing financial reports and maintaining records to supporting bylaw updates and community-wide communications, we give board members the tools and expertise they need to focus on the big picture. With decades of experience and a service-first approach, we’re here to help your community save time and minimize risk.Contact FirstService Residential today to learn how our professional management can make a difference for your board and your residents.