DEFINITION
Texas HOA law is governed primarily by Chapter 209 of the Texas Property Code, known as the Texas Residential Property Owners Protection Act. It sets rules for board elections, rule enforcement, fines, record access, foreclosure limits, and open meetings for residential homeowners associations statewide. Condominium associations follow a separate chapter.
If you own a home in a Texas HOA or sit on a board, Chapter 209 is the law you need to know. It does not replace your community's declaration or bylaws, but it sets a floor of protections and procedures that every residential association in the state has to follow, no matter what the governing documents say.
Texas is home to roughly 22,300 community associations and about 6.1 million residents living in them, according to the Foundation for Community Association Research's 2023 Statistical Review. The legislature has amended this law in nearly every session for the past decade, most recently in 2025. This guide walks through what the law actually requires today: your rights as a homeowner, the limits on board enforcement power, foreclosure protections, and the changes that took effect this year.
What Law Governs Texas HOAs
Texas Property Code Title 11 covers property owners' associations across Chapters 201 through 215. Two chapters matter most for day-to-day governance.
- Chapter 209, the Texas Residential Property Owners Protection Act, applies to residential subdivisions with recorded deed restrictions. This is the law most people mean when they say “Texas HOA law.”
- Chapter 82, the Texas Uniform Condominium Act, governs condominiums separately. If you live in a condo association, Chapter 209 mostly does not apply to you.
- Chapter 202 covers restrictive covenants generally, including newer additions on solar panels, drought landscaping, and political gatherings.
Beyond the Property Code, a Texas HOA is also a nonprofit corporation under the Business Organizations Code, and board members carry fiduciary duties as directors. The board's day-to-day authority (setting dues, enforcing rules, maintaining common areas) comes from the association's own declaration and bylaws, not from the statute itself. The statute sets the outer limits on that authority.
Homeowner Rights Under Texas HOA Law
Chapter 209 gives homeowners several concrete rights that a board cannot contract away, regardless of what the community's governing documents say.
Right to access records
You can request copies of association records, including financial documents and meeting minutes. The board must respond to a written request within 10 business days and make the records available within 15 additional business days. The association can charge a reasonable copying fee and may withhold certain sensitive material, such as private account data or attorney communications.
Right to a hearing before enforcement
Before a board can fine you or suspend your use of common facilities, it has to send written notice describing the violation and your right to a hearing. You have the right to request that hearing, and it cannot be held earlier than 30 days after the notice was delivered. At the hearing, you can present evidence and address the board directly before any final decision is made.
Right to a payment plan
If you fall behind on assessments, the association generally has to offer a payment plan of at least three months before pursuing more serious collection action. The board can only deny a payment plan if you failed to complete a previous one within the last two years.
Rule Enforcement and Fines: What a Texas HOA Cannot Do
Chapter 209 does not just describe what a board can enforce. It also draws firm limits on how enforcement can happen, and several common HOA practices are simply not allowed in Texas.
- An HOA cannot fine you without first sending written notice describing the specific violation and the action it intends to take.
- An HOA cannot skip the hearing process. You are entitled to request one, and the board must consider your case before finalizing a fine or suspension.
- An HOA cannot restrict religious displays on your property beyond narrow exceptions for safety, legal violations, or content that is offensive apart from its religious nature.
- An HOA cannot prevent you from installing reasonable security measures, including security cameras, motion sensors, or a perimeter fence, though the association can regulate placement and materials.
- An HOA cannot fine you for a brown or dormant lawn if your property is under a municipal or utility drought watering restriction, and for 60 days after that restriction lifts.
- An HOA cannot enforce a covenant that blocks solar panel installation outright, though reasonable placement rules are allowed.
- If a board tries to enforce a rule outside these boundaries, the fine or action is generally unenforceable, and Texas homeowners have the right to bring a Chapter 209 dispute in justice court for amounts up to $20,000.
Foreclosure Protections
Foreclosure is the most serious collection tool an HOA has, and Chapter 209 puts real guardrails around it. An association cannot foreclose on a lien made up only of fines or attorney's fees. It can only foreclose for unpaid regular or special assessments, and only after following the notice and hearing steps described above.
Even after a foreclosure sale goes through, the law gives homeowners a right of redemption: you can reclaim the property within 180 days by paying the amount owed plus costs. That is a meaningfully longer window than what applies to most mortgage foreclosures in Texas, and it exists specifically because lawmakers wanted HOA foreclosure to be a genuine last resort rather than a routine collections tool.
Most boards never actually get to this point, and for good reason. There are usually several steps a board can take well before a lien turns into a foreclosure filing, from structured payment plans to third-party collections. Our guide to recovering delinquent HOA dues walks through that process in more detail.
Each step requires proper written notice under Chapter 209. Skipping a step can invalidate the enforcement action.
Board Elections, Meetings, and Open Meeting Requirements
Texas HOA boards have to conduct business in the open. Regular board meetings require at least 144 hours (six days) of advance notice, and special meetings require at least 72 hours (three days). Budget amendments of any size must now be voted on in a properly noticed open meeting; a board can no longer approve smaller changes behind closed doors.
Board elections must be open to nomination, use secret ballots for contested races, and follow clear notice requirements. If a board fails to call an annual meeting, homeowners can petition for a mandatory election rather than letting the same board stay in place indefinitely. Every association also has to file a management certificate with the county, listing the HOA's name, contact information, and recording data. An HOA that fails to keep this filing current can lose its ability to enforce fees and assessments against new buyers.
Chapter 209 sets the outer limits here, but the day-to-day judgment calls (how a board runs a meeting, handles disagreement, or documents a decision) come down to good governance practice. Our guide to HOA board member responsibilities covers what that looks like in practice.
What Changed in the 2025 Legislative Session
The 89th Texas Legislature closed its regular session in June 2025, and the resulting changes took effect September 1, 2025. Compared to the sweeping 2021 reform (Senate Bill 1588, which introduced the management certificate system, religious display protections, and the current hearing and notice framework) this session's changes were narrower but still meaningful for day-to-day board operations.
- Senate Bill 711 expanded the architectural review process first created in 2021, adding a formal solicitation process for review committee vacancies and giving boards more room to restrict security fencing that blocks sidewalks or drainage easements.
- Senate Bill 2629 lets boards hold meetings electronically or by phone and requires every association to offer owners at least one alternative voting method: electronic ballot, absentee ballot, or proxy. Fines, damage assessments, and rights suspensions still cannot be decided electronically without giving the owner a chance to be heard.
- House Bill 517 stops boards from fining homeowners over brown or dormant grass during a municipally mandated drought watering restriction.
- House Bill 431 strengthens homeowners' ability to install solar roof tiles over outdated association restrictions.
- House Bill 621 protects the right of homeowners to invite candidates and government officials to speak in HOA common areas.
Several higher-profile proposals did not pass, including a proposed cap on assessment increases and expanded HOA reporting requirements. If your board has not reviewed its governing documents against these changes, that review is worth doing before the next budget cycle.
Key Texas Property Code Sections at a Glance
Staying Compliant Going Forward
Staying on top of Texas HOA law gets easier with the right systems in place. ManageCasa's HOA management software helps boards track fines, hearings, and assessment collection in one place, all built to keep your association compliant. See plans and pricing, or visit ManageCasa to learn how it fits into your board's day-to-day operations.
Frequently Asked Questions
Does Texas HOA law apply to condominiums?
No. Chapter 209 governs residential homeowners associations with deed-restricted single-family properties. Condominium associations are governed separately under Chapter 82, the Texas Uniform Condominium Act, which has its own rules for records, fees, and management certificates.
Can a Texas HOA foreclose over unpaid fines?
No. An association can only foreclose on a lien for unpaid regular or special assessments. A lien made up solely of fines, interest, or attorney's fees cannot be the basis for foreclosure under Section 209.009.
How much notice does a Texas HOA board have to give before a meeting?
Regular board meetings require at least 144 hours, or six days, of advance notice. Special meetings require at least 72 hours, or three days. Both notices can be posted or sent by email.
What was Senate Bill 1588 and does it still matter?
SB 1588 was a major 2021 reform that introduced the management certificate and TREC filing system, religious display protections, homeowner security measure rights, and the current notice-and-hearing framework for enforcement. It remains the foundation of Chapter 209 as it stands today, and later sessions, including 2025's Senate Bill 711, have built directly on it.
How long do homeowners have to redeem their property after an HOA forecloses?
Texas homeowners have 180 days after an HOA foreclosure sale to redeem the property by paying the amount owed plus costs. This right of redemption is longer than what typically applies to a mortgage foreclosure in Texas.
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