HOAs in Texas
A complete guide to homeowner associations in Texas. Two chapters of Texas law govern everything: Chapter 209 for POAs and Chapter 82 for condominiums. Here is what every homeowner has a right to know.
Types of associations
Texas has three main types of residential associations. While they share common governance structures, each operates under different sections of Texas law with different rules, rights, and compliance requirements.
Governs residential subdivisions with mandatory membership. Most common in DFW. If it collects assessments from residential property owners, Chapter 209 applies.
Governs condominiums where owners hold separate units and share common elements. Different financial structures and higher maintenance obligations.
POA owners maintain their own lot. COA owners share responsibility for the building structure itself. This makes COA finances significantly more critical.
Texas Residential Property Owners Protection Act
This law governs every POA in Texas that requires mandatory membership and collects assessments. It does not apply to condominiums. If an entity collects assessments from residential property owners, Chapter 209 applies regardless of what the entity calls itself.
Management certificates
Section 209.004Every POA must record a management certificate in the county where the subdivision is located. The certificate must include the subdivision name, association name, recording data, mailing address, managing agent details (name, address, phone, email), the website where governing documents are posted, and all fees charged during property transfers.
If any information changes, the HOA must file an amended certificate within 30 days. SB 1588 requires the HOA to electronically file the certificate with TREC within 7 days, and TREC must make this data publicly accessible. That public database is hoa.texas.gov.
Records access
Section 209.005HOAs must make their books and records, including financial records, open and reasonably available for examination by any owner. An owner can designate an agent, attorney, or CPA to examine records on their behalf.
The process
Document retention requirements
| Document type | Retention |
|---|---|
| Founding documents (CC&Rs, bylaws, certificates) | Permanently |
| Financial books and records | 7 years |
| Owner account records | 5 years |
| Contracts (1+ year term) | 4 years after expiration |
| Meeting minutes (owners and board) | 7 years |
| Tax returns and audit records | 7 years |
Open board meetings
Section 209.0051Regular and special board meetings must be open to owners. The board can go into closed executive session only for personnel matters, pending litigation, contract negotiations, enforcement actions, confidential attorney communications, or privacy matters.
Notice requirements
Actions that require an open meeting with prior notice
The board cannot take action outside of a noticed meeting on these critical matters: fines and damage assessments, foreclosure initiation, enforcement actions, assessment increases and special assessments, architectural appeal decisions, suspending an owner's rights, borrowing or lending money, adopting or amending governing documents, approving budgets, buying or selling property, filling board vacancies, capital improvements, and electing officers.
Voting rights and elections
Sections 209.0055 – 209.00594Enforcement, fines, and hearings
Sections 209.006 – 209.007Before an HOA can suspend common area access, file suit, charge for property damage, levy a fine, or report to credit agencies, they must give written notice by certified mail including a description of the violation, the amount due, the owner's right to cure (if curable), the right to request a hearing within 30 days, and information about military servicemember protections.
Curable vs uncurable violations
Curable violations (parking, maintenance, unapproved modifications, ongoing noise) must include a reasonable cure period. If the owner cures in time, no fine can be assessed. Uncurable violations (fireworks, one-time noise, property damage) can be fined without a cure period but still require notice and hearing rights.
The hearing process
Assessments, collections, and foreclosure
Sections 209.008 – 209.0094Before turning to collections, the HOA must send certified mail specifying each delinquent amount, payment plan options, and at least 45 days to cure. Payments are applied in this order: delinquent assessments first, then current assessments, then assessment-related attorney fees, then fines, then other amounts. Fines can never be prioritized over assessments.
Uniform Condominium Act
This law governs all condominiums in Texas recorded on or after January 1, 1994. The key distinction from Chapter 209: a condominium is a form of real property where portions are designated for separate ownership (units) and the remainder for common ownership (common elements). Owners hold undivided interests in the common elements directly.
COA association management
Sections 82.101 – 82.110The unit owners' association must be organized as a corporation. The board can adopt and amend bylaws, hire and fire managing agents, sue and be sued, regulate use and appearance, impose fines (with notice and hearing), and borrow money. Board members are fiduciaries of the unit owners.
Declarant control period
The declaration may provide for a period where the developer appoints and removes board members. This terminates no later than 120 days after 75% of units are conveyed. At 50% conveyance, at least one-third of board members must be elected by non-declarant owners.
Maintenance and insurance
Sections 82.107 and 82.111This is a critical difference from POAs. The association is responsible for maintenance, repair, and replacement of common elements (structure, roof, exterior, shared systems). The unit owner is responsible for their unit interior, plus utility installations serving only their unit and windows and doors serving only their unit.
Insurance requirements
COA records and transparency
Sections 82.114 – 82.1142Record access provisions mirror Chapter 209 almost exactly: 10 business days to respond, same retention requirements, same JP court enforcement if access is denied. COAs must also keep detailed financial records complying with GAAP, construction plans and specifications, and annual independent audits.
Online document posting (new, effective 9/1/2025)
Condos with 60+ units OR any condo that uses a management company must make their current dedicatory instruments available on an internet website accessible to association members. Non-compliance is a governance red flag.
Foreclosure differences
COA liens cannot consist solely of fines. The owner has a 90-day right of redemption after foreclosure, which is shorter than the 180 days under Chapter 209 for POAs. The association can bid for and purchase the unit at foreclosure.
POA vs COA comparison
| Issue | Ch. 209 (POA) | Ch. 82 (COA) |
|---|---|---|
| Applies to | Residential subdivisions | Condominiums |
| Maintenance | Owner maintains lot; HOA maintains common areas | HOA maintains building structure; owner maintains unit interior |
| Insurance mandate | Not required by Ch. 209 | 80%+ replacement cost required |
| Annual audit | Not required | Required as common expense |
| Foreclosure redemption | 180 days | 90 days |
| Resale certificate | Not required by law | Required, max $375 fee |
| Buyer cancellation | Not specified | 5 days after receiving docs |
| Online doc posting | If HOA has website | Required for 60+ units or any w/ mgmt company |
| Financial risk | Lower | Higher — deferred maintenance can be catastrophic |
How to find information about your HOA
Texas requires HOAs to file management certificates and maintain public records. Here is where to find them.
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