Applicable Statutes
Texas Nonprofit Corporation — Application
Texas nonprofit corporation statute. Part of Business Organizations Code. Covers governance, membership, directors, dissolution.
General Standards for Directors
Texas Business Organizations Code director-duty standard applicable to nonprofit corporations, including most Texas HOAs and condominium associations. Directors must discharge their duties in good faith, with ordinary care, and in a manner the director reasonably believes is in the best interest of the corporation. A director who meets these three standards is not liable for any action taken or omission made — establishing director liability requires proving a failure to satisfy at least one of the three. The Texas analog to Fla. Stat. §617.0830 and the corporate-governance backstop to TUCA §82.102 and TRPOPA §209.0051.
Short Title
Texas Trust Code. Covers trust creation, modification, trustee duties, beneficiary rights, spendthrift provisions.
Construction of Restrictive Covenants
The Texas rule of construction for restrictive covenants. Subsection (a) directs courts to liberally construe restrictive covenants to give effect to their purpose and intent. Subsection (b) prohibits restrictive covenants from being applied to bar use of property as a "family home" as defined under Texas Human Resources Code Chapter 123 — though any other applicable covenant is still construed to serve its original intent except where doing so would prevent the family-home use. Foundational to every covenant-interpretation dispute in Texas.
Enforcement of Restrictive Covenants
Texas covenant-enforcement statute. Discretionary enforcement decisions by a property owners' association are presumed reasonable unless a court determines by a preponderance of the evidence that the exercise of discretion was "arbitrary, capricious, or discriminatory." An association or any designated representative may sue to enforce restrictive covenants. Courts may impose civil penalties of up to $200 per day of violation. The TX analog to Riverview v. Spencer & Livingston (WA 2015) on consistent enforcement and reasonableness review.
Texas Statutes
Chapter 207 of the Texas Property Code (Property Owners' Association Act) governs HOA resale certificates. All operative content lives at the section level — see §207.003 for the 16 enumerated disclosure items at (b)(1)–(b)(16), the 10-business-day delivery deadline at (a), the 60-day certificate currency rule at (a)(3), and the $375 initial / $75 update fee caps at (c). §207.004 establishes owner remedies for late delivery; §207.005 governs reliance and liability.
Delivery of Subdivision Information to Owner
Texas Property Owners' Association Act resale certificate section. Subsection (a) requires delivery within 10 business days of a written request, including a resale certificate prepared not earlier than the 60th day before delivery ((a)(3)). Subsection (b) enumerates the 16 disclosure items the certificate must contain; the tx_hoa_207 profile picks the 10 most material at (b)(1)–(b)(10). Subsection (c) caps fees at $375 to assemble/copy/deliver and $75 to prepare/deliver an update under (f). Chapter 207 imposes no statutory purchaser-cancellation period — buyer termination rights under TREC contracts are option-period clauses, not statute.
Adoption or Amendment of Certain Dedicatory Instruments
Voting thresholds and procedure for adopting or amending dedicatory instruments (CCRs, bylaws, restrictive covenants, association rules) in residential subdivisions subject to mandatory POA membership. Subsection (a) was repealed in 2015; the operative provisions establish the owner vote requirements and consent procedures for instrument changes.
Association Records
Texas Property Owners Association records inspection rights. Owners may inspect and copy association books and records upon written request. Association must produce records within 10 business days of the request, extendable to a maximum of 15 business days from notice. Section (m) sets seven-year retention floors for financial books, meeting minutes, and tax returns.
Open Board Meetings
Open-meeting requirements for TRPOPA property owners' associations. Both regular and special board meetings must be open to all owners, with limited exceptions for executive sessions covering personnel matters, pending or threatened litigation, or owner privacy concerns. The board must give advance notice of all open meetings and must maintain written minutes that are available for owner inspection and copying. The POA-Act analog to §82.108 for condominiums.
Notice of Election or Association Vote
TRPOPA notice rule for elections and association votes. The association must give written notice to each eligible owner of any election or association vote: between 60 and 10 days before a meeting at which the election or vote will occur, or at least 20 days before the deadline for ballot submission if the vote is held outside a meeting. The statute expressly supersedes any conflicting provision in a dedicatory instrument, creating a uniform notice floor across all Texas POAs.
Ballots
TRPOPA voting-mechanics rule. Votes on specified matters — including board elections, assessment increases, and removal of board members — must be cast "in writing and signed by the member." The association may adopt secret-ballot procedures provided the rules ensure no member can cast more votes than allowed and that all eligible votes are counted. Candidates are entitled to designate observers to be present during ballot counting.
Hearing Before Board; Alternative Dispute Resolution
TRPOPA pre-enforcement hearing right. A property owner entitled to cure a violation has the right to request a written hearing before the board within 30 days of the cure notice. The association must produce all documents relevant to the hearing at least 10 days in advance, and both the owner and the association may present their cases with audio recording permitted. These protections do not apply when the association seeks temporary injunctive relief, pursues foreclosure, or imposes temporary suspensions in response to an immediate health or safety risk.
Foreclosure Sale Prohibited in Certain Circumstances
TRPOPA foreclosure-bar statute. A property owners' association cannot foreclose an assessment lien when the debt is composed solely of fines assessed by the association, attorney's fees incurred to collect those fines, or certain other amounts added under specified statutory provisions. The shield protects owners from losing the home over fine-only debts while preserving foreclosure as a remedy for unpaid assessments.
Prerequisites to Foreclosure: Notice and Opportunity to Cure for Certain Other Lienholders
TRPOPA junior-lienholder protection. Before a property owners' association may foreclose its assessment lien, it must send written notice of the delinquency amount by certified mail to any other holder of a lien of record on the property whose lien is inferior or subordinate. The lienholder is entitled to at least 60 days to cure the delinquency before the association may initiate foreclosure through an expedited court order or judicial petition.
Assessment Lien Filing
TRPOPA pre-lien notice statute. Before filing an assessment lien against a property owner, a Texas POA must provide two separate notices of delinquency: first by mail or email, then by certified mail no less than 30 days after the first notice. The association cannot file the lien instrument until 90 days after the second notice. The statute defines "assessment lien" as any lien instrument documenting nonpayment of association charges and establishes that these liens affect real property title from the date of recordation. The closest TX parallel to NRS 116.31162 in Nevada or RCW 64.90.485 in Washington.
Right of Redemption After Foreclosure
TRPOPA post-foreclosure redemption right. The owner of a property in a residential subdivision and any lienholder of record may redeem the foreclosed property within 180 days after receiving notice of the sale. Redemption requires paying the purchase price plus all amounts owed to the association, interest, and costs. This redemption window distinguishes Texas from many other states (including Nevada's 60-day rule under NRS 116.31166) and gives foreclosed owners a substantial post-sale recovery period.
Mandatory Election Required After Failure to Call Regular Meeting
TRPOPA backstop for inactive boards. If a property owners' association fails to call a required annual meeting, an owner may demand the meeting in writing. If the board still does not call the meeting within 30 days, three or more owners may form an election committee, file notice with the county clerk, and call a meeting for the sole purpose of electing board members. Only one election committee is permitted per subdivision at a time. A statutory remedy when board dysfunction prevents ordinary governance.
Texas Statutes
Default quorum for member meetings of Texas nonprofit corporations — the corporate form most Texas HOAs adopt. Sets the baseline at one-tenth of votes entitled to be cast unless the certificate of formation or bylaws establish a different threshold.
Definitions
Foundational definitions for the Texas Uniform Condominium Act. Defines "condominium" as real property with units designated for separate ownership and common elements owned in undivided interests; "declarant" as a person offering units or retaining special declarant rights; "unit owners' association" as the governing entity; and related terms including common expenses, development rights, and special declarant rights. Definitional anchor for every other section in TUCA.
Powers of Unit Owners’ Association
Enumerates the TUCA condominium association's powers. The board may adopt and amend bylaws and budgets for revenues, expenditures, and reserves unless the declaration provides otherwise. The association may hire staff and managers, institute or defend litigation in its own name on matters affecting the condominium, adopt rules governing unit use and maintenance, collect assessments, and impose reasonable fines for rule violations after written notice and an opportunity for the unit owner to be heard. The TUCA analog to Civ. Code §4340 (CA) and ORS 94.630.
Meetings
Open-meeting rule for TUCA condominium associations. Annual meetings of the unit owners are mandatory; special meetings may be called by the president, a majority of the board, or unit owners holding twenty percent of the votes. Association and board meetings are open to all unit owners, but the board may convene closed executive sessions for personnel, litigation, or other sensitive matters. Board meetings may be held remotely with notice and full director participation — except votes on fines, assessments, or membership suspensions, which require the affected member's opportunity to present a defense in person.
Association’s Lien for Assessments
The TUCA assessment lien. An assessment levied by a condominium association is a personal obligation of the unit owner and a continuing lien on the unit, rents, and insurance proceeds. The lien is created and perfected by recordation of the declaration — no separate lien filing is required. Priority runs ahead of every other lien except real property tax liens, encumbrances recorded before the declaration, and a first vendor's lien or first deed of trust recorded before the assessment became delinquent. The association may foreclose judicially or by nonjudicial sale.
Association Records
Records and audit requirements for TUCA condominium associations. The association must maintain detailed financial records that comply with generally accepted accounting principles, along with construction plans, board and owner meeting minutes, unit owner contact and voting records, and records of insurance coverage. Records must be "reasonably available" at the association's registered office for inspection by any unit owner. An independent audit by a certified public accountant is required annually, paid for as a common expense.
Management Certificate
TUCA management-certificate filing requirement. The condominium association must record in the real property records of each county where the condominium is located a management certificate listing specified identifying information about the condominium and the association. The association must record an updated certificate "not later than the 30th day after the date the association has notice of a change" in any listed information. The statute shields the association and its officers from liability for a recording failure unless the failure is intentional or grossly negligent.
Purchaser’s Right to Cancel
Texas Uniform Condominium Act purchaser cancellation right. A unit purchaser who does not receive the declaration, bylaws, association rules, and resale certificate before contract execution may cancel the contract before the sixth day after receiving those documents. Subsection (c) explicitly names this "the five-day cancellation period." Cancellation is by hand-delivered or certified-mail written notice; no penalty; all payments refunded. No statutory HOA equivalent under Chapter 207 — this is condominium-only.
Resale of Unit
Texas Uniform Condominium Act resale certificate requirement. §82.157(a) enumerates 14 disclosure items at (a)(1)–(a)(14) and embeds a 90-day currency rule in the opening sentence ("must have been prepared not earlier than three months before the date it is delivered"). §82.157(b) sets a 10-day delivery window after the unit owner's written request and provides a sworn-affidavit fallback if the association fails to deliver. The condominium purchaser cancellation right is the separate §82.156 — a 5-day window from receipt of the required documents.
Source: Texas state legislature. Statutes verified by CommunityPay. Last verified April 2026.
Data sourced from Texas Secretary of State public registrations. Legal corpus maintained by CommunityPay's editorial team and traced to primary statute snapshots.