Texas HOA laws and property owners association rules for boards
A plain-language reference for Texas boards and managers: which statute governs, who regulates, and how meetings, records, reserves, collections, elections and resale documents work. hoa.to is jurisdiction-aware, so notices and reserve rules follow Texas defaults.
Texas homeowners association law lives in Title 11 of the Texas Property Code (Chapters 201 through 215), which governs property owners' associations. The chapter boards use most is Chapter 209, the Texas Residential Property Owners Protection Act, which covers board governance, elections and voting, architectural review, record-keeping, enforcement notices and foreclosure limits. Chapter 202 deals with restrictive covenants and requires associations to file their dedicatory instruments with the county.
Condominiums are legally distinct. Chapter 82, the Uniform Condominium Act, governs condominiums created from 1994 on, while Chapter 81 may still apply to older regimes. Most associations are also Texas nonprofit corporations, so Chapter 22 of the Business Organizations Code applies to corporate housekeeping such as directors and member meetings.
Property Code Chapter 209 (POAs) and Chapter 82 (condominiums)
Chapter 209 applies to residential subdivisions with a mandatory membership property owners' association. It regulates how boards meet and give notice, what records owners may see, the notice an owner must receive before the association fines, suspends privileges or sues, the owner's right to a hearing, payment plans, and what the association may and may not foreclose on.
Chapter 82 covers the creation, alteration and termination of condominiums, the powers and duties of the unit owners' association, meetings, records, assessments and liens, and the resale certificate a seller must obtain. Where a condominium is also incorporated, the Business Organizations Code fills gaps.
Regulator and where disputes go
Texas has no state agency that licenses or supervises property owners' associations. Enforcement is by the owners and the association through the courts, and Chapter 209 builds owner protections directly into the process: written notice with a cure period, a hearing before the board, and limits on foreclosure. The Texas State Law Library publishes a plain-language research guide to these statutes that is a good first stop before calling counsel.
What Texas boards ask about most
Each topic points to the statute so you can read the current text before acting. Confirm anything consequential with counsel.
Board meetings and notice
Under Property Code section 209.0051 the board must give members notice of the date, hour, place and general subject of a regular or special board meeting, including a general description of any matter to be taken up in executive session. Notice may be mailed to each owner not later than the 10th day and not earlier than the 60th day before the meeting, or it may be posted conspicuously in the subdivision or on the association's website and emailed to owners who registered an address, at least 144 hours before a regular meeting and at least 72 hours before a special meeting.
Section 209.014 requires the association to hold at least one meeting of its members each year. If the board does not call one, owners may demand it by certified mail and the meeting must be held within the statutory window.
Related: Board meeting agenda template · Annual meeting notice template · Quorum calculator
Records access
Chapter 209 gives owners the right to examine and copy association records on written request and requires the association to adopt a records production and copying policy and a document retention policy. Meeting minutes are association records and must be kept for at least 7 years. Set a reasonable, published copying charge and answer requests within the statutory period; confirm the current day count in section 209.005 with counsel.
Reserves
Texas does not impose a statewide reserve study mandate on property owners' associations. Reserve practice follows the declaration and bylaws, and the board's general duty to budget prudently. A periodic component inventory and funding plan is still the practical standard, and lenders and buyers increasingly ask for one.
Related: Reserve funding calculator · Guide: budget planning
Enforcement, fines and collections
Before an association may suspend an owner's right to use common areas, file suit (other than to collect assessments or foreclose), charge for property damage, or levy a fine, Chapter 209 requires written notice by certified mail describing the violation, stating the amount due if any, giving a reasonable period to cure where the violation is curable, and informing the owner of the right to request a hearing.
Chapter 209 also limits foreclosure. An association may not foreclose an assessment lien if the debt consists solely of fines or attorney's fees associated with fines, Read the current sections with counsel before any collection escalation.
Related: Violation notice template · Delinquent assessment notice template · Guide: collecting dues
Elections and voting
Chapter 209 regulates elections and voting for property owners' associations, including how ballots are cast and counted. The Texas State Law Library guide walks through the current provisions section by section. Keep the tally sheets, ballots and proxies with the records for the retention period.
Resale certificates
A seller in a Texas subdivision or condominium must obtain a resale certificate from the association for the buyer, disclosing assessments, amounts owing, violations, litigation and similar items. The Property Code sets requirements for its content, timing and fee; check the current text. Keep a template and current figures ready so the association can respond inside the deadline.
Related: Request a resale certificate
Board checklist for Texas
- Board meeting notice posted and emailed at least 144 hours (regular) or 72 hours (special) ahead, or mailed 10 to 60 days ahead.
- Annual members' meeting held every year and minuted.
- Records production, copying and retention policies adopted and filed with the county where required.
- Certified-mail notice with cure period and hearing right sent before any fine, suspension or suit.
- No foreclosure started on a balance made up only of fines or related attorney's fees.
Frequently asked questions
What is the main Texas homeowners association law?
Property Code Chapter 209, the Texas Residential Property Owners Protection Act, within Title 11 (Chapters 201 to 215) on property owners' associations. Condominiums follow Chapter 82, the Uniform Condominium Act.
How much notice does a Texas HOA board meeting require?
Section 209.0051: mailed notice 10 to 60 days before the meeting, or posted and emailed notice at least 144 hours before a regular meeting and 72 hours before a special meeting.
Can a Texas HOA foreclose over fines?
No. Chapter 209 prohibits foreclosing an assessment lien when the debt consists solely of fines or attorney's fees tied to fines. Other collection steps still require the certified-mail notice and hearing process.
Does Texas require HOA reserve studies?
No statewide mandate exists for property owners' associations. Follow your governing documents and sound budgeting practice, and confirm with counsel whether anything in your declaration requires one.
Official sources checked
- Texas State Law Library: Property Owners' Associations research guide
- Texas State Law Library: meetings and voting (section 209.0051)
- Texas Constitution and Statutes: Property Code Chapters 82 and 209
Checked 2026-09-19. Statutes are amended often; always read the current text.
Quick reference table
The rules hoa.to uses as Texas defaults. Where a value says "per bylaws" or "per statute", the day count comes from your governing documents or the current statute.
Governing statute
Texas Property Code Ch. 209 (POAs) or Ch. 82 (condominiums). Tex. Prop. Code Ch. 209 / Ch. 82. Governing documents: Declaration (CC&Rs), bylaws and rules.
Meetings & notice
Board meeting notice: 6 day(s). Annual/membership meeting notice: per statute day(s). Regular board meetings at least 144 hours (6 days); special meetings at least 72 hours (3 days); posted or emailed.
Records access
Owners may inspect records within the statutory day(s) of a written request. Section 209.005: owners may examine and copy records on written request; the association may adopt a reasonable-cost policy. Confirm response days with counsel.
Electronic voting
Permitted. Among the most permissive states for electronic voting.
Reserve studies & funding
Not mandated statewide. Funding: none. No Texas statutory reserve-study mandate; follow the governing documents.
Liens & collections
Assessment liens are permitted. Enforcement (Sections 209.006-.007) requires certified-mail notice describing the violation plus a reasonable cure period; owner may request a hearing on or before the 30th day. Section 209.009 bars foreclosure on a lien consisting solely of fines, interest or attorney's fees. Condominium (Ch. 82) foreclosure needs at least 21 days' notice. Certified-mail notice and a cure period are required before suspending use, suing, charging for damage, fining or credit-reporting. Texas has a mini-FDCPA act that can bind the association.
Resale / status documents
Document: resale certificate. Resale certificate of the unit's standing provided to a purchaser; verify statutory turnaround with counsel.