United States | Texas
Texas HOA and Condo Law for Small Associations
Texas HOAs follow Chapter 209 of the Property Code, the Texas Residential Property Owners Protection Act. Condos follow Chapter 82, the Uniform Condominium Act, and resale paperwork is in Chapter 207. The Foundation for Community Association Research, an industry group, estimates 23,500 associations in Texas in 2025, the third most of any state.
The short answer
- Every HOA records a management certificate and files it with the Texas Real Estate Commission within 7 days. Without one, owners do not owe collection attorney fees or interest.
- The sections we read require no licensed manager.
- HOA board meetings are open, with notice mailed 10 to 60 days ahead or posted and emailed 144 hours ahead.
- An HOA needs two notices and 90 days before a lien, and a court order before foreclosure. It can never foreclose for fines alone.
- Resale certificates are due within 10 business days, for no more than $375.
Running an HOA
- Annual meeting: required, whatever the documents say. If the board does not call one, owners can form an election committee (209.014).
- Board decisions on fines, assessment increases, special assessments, the budget, borrowing and filling vacancies must be made in an open meeting.
- Board meetings can be held by phone or video if every director can hear and be heard and owners can listen.
- Owners vote by absentee ballot, proxy or electronic ballot. Owner meetings can be held electronically since September 1, 2025 (S.B. 2629).
- Two people from the same home may not both sit on the board, except in an HOA of fewer than 10 residences.
- A rule restricting an owner's right to run for the board is void, with exceptions.
Running a condo
- Owners elect a board of at least three by the end of developer control (82.103).
- At least one meeting a year. Owners with 20 percent of the votes can call a special meeting.
- Quorum: 20 percent of the votes, unless the bylaws say otherwise, and never below 10 percent. Board quorum: 50 percent.
- Property insurance on the common elements of at least 80 percent of replacement cost or actual cash value, plus liability insurance.
- Condos of at least 60 units, or with a management company, must post governing documents online (S.B. 711).
Collecting unpaid assessments (HOA)
- An HOA of more than 14 lots must offer payment plans of 3 to 18 months.
- Payments go to delinquent assessments first, then current assessments, then costs and fines.
- Collection agency fees only after a certified-mail notice giving at least 45 days to pay.
- A lien only after two notices, the second by certified mail at least 30 days after the first, and 90 days after the second.
- Foreclosure needs a court order (expedited or regular), is barred for fines alone, and the owner can redeem within 180 days after notice of the sale.
- Before fining or suing over a violation, the HOA sends notice by verified mail and offers a board hearing within 30 days.
Records and resale
- Records requests by certified mail, answered within 10 business days, or by a date within 15 business days.
- An HOA of more than 14 lots keeps financial records and minutes 7 years and governing documents permanently.
- Copy charges need a recorded records policy.
- HOA resale certificate within 10 business days, up to $375, and $75 for an update. A condo resale certificate is due within 10 days, also up to $375.
- There is no reserve study rule in these chapters. The resale certificate states the reserves, if any.
Read in the Texas Property Code files on the Legislature's statutes server and the enrolled bill text, on 31 October 2026.
Common questions
What is Chapter 209 of the Texas Property Code? +
The Texas Residential Property Owners Protection Act, the main law for HOAs: meetings, records, notices, payment plans, liens, foreclosure and hearings. Condos follow Chapter 82 instead.
Does a Texas HOA need a licensed manager? +
The Property Code chapters we read require none. Every HOA must record a management certificate naming who manages it.
Can a Texas HOA foreclose on my house? +
Only with a court order, unless you waive it in writing at the time, and never when the debt is only fines. You can redeem the home within 180 days after notice of the sale.
Do Texas HOAs have to offer payment plans? +
An HOA of more than 14 lots must, for terms of at least 3 months.
How much can a Texas HOA charge for a resale certificate? +
No more than $375, and $75 for an update. No fee if it is late.
Does Texas require HOA reserve studies? +
The Property Code chapters for HOAs and condos have no reserve study rule. The resale certificate must state the reserves, if any.
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