Texas is home to more than 70,000 property owners' associations — the most of any state. Chapter 209 of the Texas Property Code sets the rules every POA must follow, from open meetings and assessment liens to the state's unique non-judicial foreclosure process. This guide explains what Texas HOA boards and homeowners need to know, in plain English.
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Educational information, not legal advice.
This page summarizes Texas HOA law as of 2026 for boards and homeowners doing research. It is not legal advice and does not create an attorney–client relationship. Statutes change, and your specific dedicatory instruments may add requirements beyond state law. Consult a licensed Texas community association attorney before acting on anything here.
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Section 1
Chapter 209 of the Texas Property Code — the "Texas Residential Property Owners Protection Act" — is the primary statute governing residential property owners' associations (POAs) across the state. If your subdivision has recorded restrictive covenants that require mandatory membership and give the association the power to levy assessments, Chapter 209 applies to you.
Texas law uses the term "property owners' association" (POA) rather than "homeowners' association" (HOA), though in practice the two terms are interchangeable. Whether your community calls itself an HOA, POA, or community association, it's the same statute.
Chapter 209 doesn't stand alone. Several other Property Code chapters work alongside it:
Chapter 209 has been amended significantly multiple times, most recently through SB 1588 (2021) and subsequent legislative sessions. These reforms added election protections, capped certain fees, expanded open-meeting requirements, and tightened the rules around foreclosure — all topics covered in detail below.
Section 2
In Texas, the recorded covenants, conditions, and restrictions that create and empower an HOA are formally called "dedicatory instruments." This includes the declaration of covenants (the main document), the bylaws, the articles of incorporation, and any amendments — essentially, any recorded document that governs the subdivision.
Your dedicatory instruments set the specific rules for your community: architectural standards, pet policies, parking restrictions, maintenance obligations, and how assessments are calculated. Chapter 209 and Chapter 207 set the floor for what these instruments must (and must not) include.
The Texas legislature has preempted several categories of HOA rules that older covenants may still contain. These provisions are void and unenforceable even if they appear in your recorded documents:
If your HOA is still enforcing any of these, the board is exposed to liability regardless of what the declaration says. State law preempts the covenant.
Most Texas HOA declarations require a supermajority (often 67%) of the total membership — not just those who vote — to amend. Some older declarations set the bar even higher. Chapter 204 provides a statutory amendment process for communities whose original declarations predate modern POA law or where the original developer failed to provide an amendment procedure.
Section 3
Section 209.0051 establishes Texas's open-meeting rule for HOA boards. Regular and special board meetings must be open to all members, with limited exceptions for attorney consultations, personnel matters, and third-party contract negotiations.
72 hours
Minimum notice for regular board meetings
Written notice posted conspicuously in the community or provided to each member at least 72 hours before a regular board meeting.
10 days
Notice for annual & special member meetings
Written notice mailed, delivered, or emailed (with consent) to every owner at least 10 days but not more than 60 days before the meeting.
Open to owners
Right to attend & observe
Owners may attend and speak at board meetings. The board can set reasonable time limits but cannot exclude them from open sessions.
Emergency meetings
When 72 hours isn't possible
Emergency board meetings may be called with reasonable notice but must still be open to members. Document the emergency in the minutes.
The date, time, location, and an agenda that reasonably describes the items to be discussed. If the board plans to vote on a special assessment, a fine appeal, or a change to architectural rules, those items must appear on the agenda. An action taken on a substantive item not listed on the agenda can be challenged as void.
The board must keep written minutes of all board and member meetings. Minutes should include motions, vote outcomes, and any director dissents. Texas does not set a minimum retention period in Chapter 209 itself, but best practice (and most declarations) require retaining them for at least five to seven years. The association's books and records — including minutes — are subject to the member inspection rights described in the next section.
The Texas open-meeting statute means that board votes on substantive matters should occur at a properly noticed meeting, not via email round-robins. Email can be used to share information and set agendas, but binding decisions reached outside a noticed meeting are legally vulnerable.
Section 4
Section 209.005 gives every POA member the right to inspect the association's books and records. This is one of the most frequently exercised — and frequently resisted — rights under Texas HOA law.
A member submits a written request describing the specific records sought. The association must make them available for inspection during regular business hours at a reasonable time and place. "Reasonable" means you can't require the owner to inspect records only during one 30-minute window on an inconvenient day — a good-faith effort to accommodate is required.
A reasonable charge for copies — typically the actual cost of duplication (10–25¢ per page is standard). Boards cannot charge for staff time to locate records. Obstructing or unreasonably delaying a valid records request is a common source of litigation and can result in the association paying the member's attorney's fees.
Section 207.003 governs resale certificates — the Texas equivalent of what other states call an estoppel certificate. When a home is sold, the title company requests a statement of the account balance and any outstanding obligations. The association must deliver the certificate within seven business days. The statutory cap on the resale certificate fee is currently $375 for a non-expedited request. Failure to deliver within the deadline entitles the requester to damages and attorney's fees.
Section 5
Assessments — regular dues and special assessments — are the lifeblood of a Texas HOA. Chapter 209 lays out how they can be levied, collected, and enforced, with several owner protections that the Texas legislature has added over the last decade.
The board adopts an annual budget, and the regular (annual, quarterly, or monthly) assessment is derived from it. Most Texas declarations give the board authority to set the regular assessment each year within a percentage cap (commonly 10–20% above the prior year). Any increase above that cap typically requires a member vote.
Special assessments for unexpected expenses (major repairs, litigation, insurance deductibles) usually require member approval at a properly noticed meeting, at the threshold set in the declaration. Texas law does not set a uniform rule — your declaration controls the specific vote threshold.
Before an HOA can file a lien on a Texas homeowner's property for unpaid assessments, it must send a written notice by certified mail that:
The owner must be given at least 30 days from the date of the notice to pay in full, enter a payment plan, or dispute the charges before the association records a lien.
Section 209.0062 is one of the most important owner protections in Texas HOA law. If an owner's total delinquency (excluding attorney's fees and collection costs) is less than or equal to the amount of the regular annual assessment, the owner has the right to request a payment plan of at least three equal installments before the association can pursue foreclosure. The association must accept the request and may not accelerate foreclosure while the owner is current on the plan.
Late fees must be reasonable and authorized by the dedicatory instruments. Texas courts have struck down late fees that are clearly disproportionate to the unpaid balance. Interest is capped at the rate set in the declaration, or the statutory maximum if the declaration is silent.
Section 6
Texas is one of the few states that allows HOAs to foreclose on a homeowner's property without going to court — a process called non-judicial foreclosure. This power exists if the association's dedicatory instruments grant it, and it's governed by § 209.0092 and § 209.0093.
Because the stakes are so high, the Texas legislature has layered on significant protections. Understanding the process — and the restrictions — is critical for every Texas HOA board.
Non-judicial foreclosure is a last resort.
Texas courts and the legislature have made clear that foreclosure for HOA debts should only happen after all other collection options have been exhausted. Boards that foreclose aggressively face reputational damage, litigation, and potential liability if any statutory step was missed.
A Texas HOA cannot foreclose on a homeowner's property solely for:
Foreclosure may only proceed when the underlying delinquency includes unpaid assessments.
The foreclosed homeowner has the right to redeem the property (buy it back) within 180 days after the date of the foreclosure sale by paying the purchaser the sale price plus certain costs. This redemption right is unique to HOA foreclosures and does not apply to mortgage foreclosures in Texas.
Section 7
Texas POAs can fine owners for violations of the dedicatory instruments, but only if the declaration or bylaws explicitly authorize fining. If the governing documents don't mention fines, the association does not have the power to impose them.
Before imposing a fine, the association must follow a specific notice-and-hearing procedure:
Written notice of the violation
Sent by certified mail or hand-delivery. The notice must describe the specific violation, cite the provision of the dedicatory instruments that was violated, and inform the owner of their right to a hearing.
Opportunity to cure
The owner must be given a reasonable time to correct the violation before a fine is assessed — unless the violation cannot be cured (e.g., a completed unauthorized structure).
Right to a hearing before the board
The owner may request a hearing before the board, where they can present evidence and argue against the fine. The board must provide at least 30 days' notice before the hearing.
Written decision
The board must deliver its decision in writing within 30 days of the hearing, including the reasons for the decision and the amount of any fine imposed.
As of SB 1588 (2021), unpaid fines alone cannot become the basis for an assessment lien or a foreclosure action. This was one of the most significant consumer protections added to Texas HOA law in recent years. A board can still pursue collection of unpaid fines through small claims or justice court, but it cannot threaten to take someone's home over a fence-color violation.
The association may also suspend a homeowner's right to use common areas (pool, clubhouse, trails) as a consequence of a violation, if the governing documents authorize it. The same notice-and-hearing process applies.
Section 8
Sections 209.00591–209.00593 establish the election rules that Texas HOAs must follow. The 2021 reforms (SB 1588) significantly expanded these requirements to address complaints about boards entrenching themselves and making it difficult for members to participate.
An annual member meeting is required. Notice must be mailed, delivered, or emailed (with consent) to every owner at least 10 days before the meeting but not more than 60 days in advance. The notice must include the agenda, open board positions, and how to submit a candidacy.
Any member in good standing may run for the board. The association cannot require candidates to attend a specific number of meetings, serve on a committee first, or meet other gatekeeping criteria not found in the declaration. Restrictions that limit candidacy to a narrow class of owners are unenforceable under current law.
When two or more candidates run for the same seat, the election must be by secret ballot. The POA must accept ballots delivered by mail, and may also allow electronic or in-person voting. The ballot must list every candidate in the order determined by a random drawing.
The quorum for a member meeting is set in the bylaws. If no quorum is established, Texas default is 10% of the voting members. Many declarations set 20–30%. If a quorum is not achieved, the meeting is typically adjourned and rescheduled, and some declarations allow a reduced quorum for the adjourned meeting.
Members may remove a director with or without cause by majority vote at a meeting called for that purpose. The process follows the same notice and quorum requirements as a regular member meeting. Some declarations also permit removal by written petition (recall ballot) without a meeting.
Section 9
Most Texas HOAs have an Architectural Control Committee (ACC) that reviews exterior modifications — paint colors, fencing, additions, roofing, driveways, and landscaping. The committee's authority comes from the dedicatory instruments.
Under § 209.00505, if the dedicatory instruments require ACC approval for a modification, the committee must make a decision within 30 days after receiving a complete application. If it fails to respond, many declarations provide that the request is deemed approved. The decision must be in writing and, if denied, must state the specific reasons and the provisions of the instruments the modification would violate.
The ACC can only deny a request based on criteria that are written in the governing documents. "We don't like it" or "it doesn't match the neighborhood character" is not a valid basis unless the declaration provides objective aesthetic standards. Arbitrary or selectively enforced denials are a common source of lawsuit exposure.
The owner has the right to appeal an ACC denial to the full board. The board must allow the owner to present their case in person. If the board upholds the denial, the owner may pursue mediation or litigation.
Section 10
The Texas legislature has carved out a broad set of homeowner rights that HOAs cannot restrict, even if the dedicatory instruments say otherwise. These preemptions apply statewide.
The U.S. flag, Texas flag, and service-branch flags may be displayed on the owner's property. The HOA may adopt reasonable rules on flag size, pole height, and placement — but cannot ban display outright.
HOAs cannot prohibit the installation of a solar energy device. They may require that panels not extend above the roofline or be installed on a front-facing roof when a side or rear location is feasible, but cannot deny installation entirely.
A homeowner may display a religious item on the entry to the owner's dwelling. The item must be motivated by the owner's sincere religious belief. The HOA may not prohibit its display.
HOAs cannot prohibit rain barrels, composting systems, or drought-resistant landscaping. Texas water conservation policy preempts restrictive covenants in this area.
Homeowners have the right to display at least one "for sale" sign on their property. The HOA may regulate the sign's size, but not prohibit it.
An HOA may not prohibit a homeowner from installing a security camera on the owner's property, though it may regulate placement to prevent cameras from recording common areas or other owners' properties.
If your HOA is still enforcing restrictions on any of these items, the board should immediately consult with legal counsel. These preemptions are statutory, not discretionary — a court will enforce them regardless of what the declaration says.
Section 11
Texas does not have a state agency that regulates HOAs the way Florida's DBPR oversees condominiums. There is no ombudsman, no administrative complaint process, and no state-run mediation panel. Disputes between Texas homeowners and their HOAs are resolved through:
Many Texas HOA declarations include an attorney's fees provision, allowing the prevailing party in a dispute to recover its legal costs. Under § 209.009, if an owner prevails in a suit against the association, the court may award them reasonable attorney's fees, court costs, and any other relief the court finds just and equitable. This two-way fee-shifting means boards should think twice before pursuing marginal enforcement actions.
If your community is a condominium rather than a single-family or townhome subdivision, the Texas Uniform Condominium Act (TUCA, Chapter 82) governs you — not Chapter 209. TUCA has its own rules for budgets, reserves, elections, and common-element maintenance. This guide covers Chapter 209 POAs only.
Section 12
Run through this list at each board transition and at the start of each fiscal year. These are the Chapter 209 and Property Code obligations a Texas HOA board cannot afford to miss.
Dedicatory instruments are centrally stored and accessible to all members
Declaration, bylaws, articles of incorporation, and every recorded amendment.
Board meeting notices posted at least 72 hours in advance
With a written agenda. 10+ days for annual/special member meetings.
Written minutes of every board and member meeting
Include motions, vote counts, and any dissents. Retain for at least 5–7 years.
Annual budget adopted and regular assessments set
Within the annual increase cap in the declaration. Special assessments require member vote if so specified.
Pre-lien notice sent by certified mail before recording any assessment lien
§ 209.0091: itemized delinquency, payment plan rights, 30 days to cure.
Payment plan offered for qualifying delinquencies
§ 209.0062: at least three equal installments if delinquency ≤ annual assessment amount.
61-day pre-foreclosure notice sent before any foreclosure sale
§ 209.0092: separate from the pre-lien notice, with right-to-cure language.
Fine procedure follows § 209.006 notice-and-hearing process
Written violation notice, opportunity to cure, right to board hearing with 30 days' notice, written decision within 30 days of hearing.
Elections held by secret ballot when contested
§ 209.00591: ballots by mail accepted, random candidate ordering, no gatekeeping criteria.
ACC decisions issued within 30 days of complete application
Written denial with specific reasons citing the governing documents.
Resale certificates delivered within 7 business days of request
§ 207.003: statutory fee cap of $375. Late delivery waives the fee.
Protected rights not restricted
Flags, solar panels, religious items, rain barrels, xeriscaping, for-sale signs, security cameras — verify no active enforcement.
Records available for member inspection on reasonable request
§ 209.005: copies at cost, no charge for staff time to locate records.
Vendor contracts reviewed for conflict-of-interest disclosures
Board members with a financial interest in a vendor must disclose and recuse.
HOA Base for Texas Associations
The 14 items on the compliance checklist above are the daily work of a Texas HOA board. HOA Base runs every one of them as part of its core workflow, with audit trails, statutory deadlines, and records retention already built in.
The § 209.0091 and § 209.0092 notice sequences are generated by the system with correct certified-mail formatting, itemized balances, and payment-plan language built in.
Schedule a board meeting and the 72-hour posting goes out automatically with the agenda. 10-day member meeting notices are handled the same way.
Track every homeowner's balance in real time. When a delinquency qualifies for a mandatory payment plan, the system flags it and generates the installment schedule.
Document violations with photos, send the certified notice, track the cure period and hearing, and record the written decision — all with an audit trail that protects the board.
Every community gets a branded member portal where owners can view governing documents, financials, and meeting minutes — satisfying § 209.005 access requests before they're even filed.
When a title company requests a resale certificate, HOA Base drafts it from the live ledger with the 7-business-day SLA clock visible to the whole board.
Free setup, free migration, public pricing starting at $49/month.
FAQ
Chapter 209 of the Texas Property Code, the "Texas Residential Property Owners Protection Act," is the primary statute governing HOAs (called POAs in Texas). It works alongside Chapter 202 (restrictive covenants), Chapter 207 (dedicatory instrument provisions), and Chapter 204 (amendment procedures). Condominiums are governed separately by Chapter 82 (TUCA).
Yes — Texas is one of the few states that allows non-judicial foreclosure for unpaid HOA assessments, if the dedicatory instruments grant that power. However, foreclosure cannot be based solely on unpaid fines or attorney's fees. The association must follow a strict notice sequence: a 30-day pre-lien notice, recording of the lien, a 61-day pre-foreclosure notice, and a 21-day notice of sale. The homeowner also has a 180-day right to redeem the property after the sale.
At least 72 hours for regular board meetings, posted conspicuously or provided to each member. For annual and special member meetings, at least 10 days but not more than 60 days' written notice must be mailed, delivered, or emailed (with member consent). The notice must include an agenda.
Only if the dedicatory instruments authorize fining. The HOA must follow § 209.006: written notice of the violation with the right to cure, then a hearing before the board with at least 30 days' notice, then a written decision within 30 days. Critically, unpaid fines alone cannot lead to a lien or foreclosure under current Texas law — they can only be collected through the courts as a personal debt.
Yes, if your total delinquency (excluding attorney's fees and collection costs) is less than or equal to the amount of your annual regular assessment. Under § 209.0062, you have the right to a payment plan of at least three equal installments, and the association must accept the request. The HOA cannot pursue foreclosure while you are current on the plan.
No. The Texas Property Code specifically preempts HOA restrictions on U.S. and Texas flags (§ 202.011), solar panels (§ 202.010), security cameras (§ 202.023), rain barrels (§ 202.007), xeriscaping, religious door items (§ 202.018), and "for sale" signs (§ 202.009). The HOA may adopt reasonable rules about size, placement, and aesthetics, but cannot ban these items outright.
Under § 207.003, the statutory cap for a non-expedited resale certificate is $375. The association must deliver it within 7 business days of request. If the certificate is not delivered on time, the fee is waived and the requester may be entitled to damages and attorney's fees.
Any member in good standing can run for the board. The HOA cannot require candidates to attend a certain number of meetings or serve on a committee first. When an election is contested (more candidates than seats), it must be by secret ballot, with ballots accepted by mail. You'll need to submit your candidacy before the deadline in the meeting notice.
No. Texas does not have a state agency, ombudsman, or administrative complaint process for HOA disputes. Conflicts are resolved through internal hearings, mediation, justice court (for disputes under $20,000), or district court. The Texas Attorney General's office can provide general information but does not adjudicate individual HOA disputes.
Nothing — they're the same thing. The Texas Property Code uses the term "property owners' association" (POA), but most Texans call it an "HOA" in everyday conversation. Both refer to the same entity governed by Chapter 209.
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