Texas HOA & Condo Laws

Texas governs HOAs through the Property Owners Association Act (Property Code Chapter 207) and condominiums through the Uniform Condominium Act (Property Code Chapter 82). The HOA resale certificate (§207.003) carries a 60-day currency period; the condominium resale certificate (§82.157) carries a 90-day currency period with a separate five-day purchaser cancellation right under §82.156.

Assessment Collection Compare across states

How HOAs and condominium associations charge, collect, and enforce regular and special assessments. Covers dues billing, delinquency notices, late fees, lien filing, judicial and non-judicial foreclosure, statute of limitations, and …

Tex. Prop. Code §209.0058

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 …

Tex. Prop. Code §209.009

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 …

Tex. Prop. Code §209.0091

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 …

Tex. Prop. Code §209.0094

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 …

Tex. Prop. Code §82.102

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. …

Tex. Prop. Code §82.108

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 …

Tex. Prop. Code §82.113

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 …

Meetings and Notice Compare across states

Board and owner meeting requirements — open meeting mandates, advance notice periods, agenda requirements, minimum owner comment periods, executive session limits, remote participation, and materials access rules.

Tex. Prop. Code §209.0051

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 …

Tex. Prop. Code §82.108

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 …

Elections and Voting Compare across states

Director elections, board member removal votes, governing document amendments, secret ballot requirements, quorum rules, proxy voting, electronic voting, and inspector of election requirements.

Tex. Prop. Code §209.0041

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 …

Tex. Prop. Code §209.0056

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 …

Tex. Prop. Code §209.0058

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 …

Tex. Prop. Code §209.014

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. …

Tex. Prop. Code §82.114

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 …

Records Access and Inspection Compare across states

Unit owner rights to inspect association records — financial statements, meeting minutes, governing documents, contracts, and correspondence. Response timelines, allowable copying fees, and executive session materials exceptions.

Tex. Prop. Code §209.005

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 …

Tex. Prop. Code §209.0051

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 …

Tex. Prop. Code §209.0056

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 …

Tex. Prop. Code §209.0058

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 …

Enforcement and Fines Compare across states

Association authority to enforce governing documents through fines, suspension of privileges, and legal action. Covers fine limits, hearing requirements, notice-and-opportunity procedures, and limitations on enforcement authority.

Tex. Prop. Code §202.003

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. …

Tex. Prop. Code §202.004

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 …

Tex. Prop. Code §209.007

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 …

Tex. Prop. Code §209.009

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 …

Tex. Prop. Code §209.0094

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 …

Tex. Prop. Code §82.003

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 …

Tex. Prop. Code §82.102

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. …

Tex. Prop. Code §82.108

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 …

Resale Disclosure Compare across states

Resale certificate and transfer disclosure requirements at the time of unit sale. Covers disclosure timing, content, fee caps, delivery deadlines, buyer rescission rights, and association liability for inaccurate information.

Tex. Prop. Code §207

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 …

Tex. Prop. Code §207.003

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 …

Tex. Prop. Code §82.156

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 …

Tex. Prop. Code §82.157

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 …

Insurance Requirements Compare across states

Statutory insurance requirements for HOAs and condominiums — property insurance, liability coverage, directors and officers, fidelity bonds, flood insurance, and cyber liability. Coverage minimums, deductible assessments, and claims procedures.

Tex. Prop. Code §82.114

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 …

Governance Documents Compare across states

The foundational documents governing common interest communities — declarations (CC&Rs), bylaws, articles of incorporation, rules and regulations, architectural guidelines, and resolutions. Document hierarchy, amendment procedures, and recording requirements.

Tex. Bus. Org. Code §22.159

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 …

Tex. Prop. Code §209.0041

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 …

Tex. Prop. Code §209.005

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 …

Foreclosure and Liens Compare across states

Assessment lien filing, priority, extinguishment, and foreclosure procedures. Minimum thresholds for foreclosure, pre-foreclosure notice requirements, mediation mandates, super-priority provisions, and the interaction between HOA liens and mortgage liens.

Tex. Prop. Code §209.007

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 …

Tex. Prop. Code §209.009

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 …

Tex. Prop. Code §209.0091

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 …

Tex. Prop. Code §209.0094

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 …

Tex. Prop. Code §209.011

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 …

Tex. Prop. Code §82.113

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 …

Dispute Resolution Compare across states

Mandatory and optional alternative dispute resolution procedures — internal dispute resolution, mediation, arbitration, and limitations on litigation. Covers meet-and-confer requirements, mediation timelines, and enforcement of ADR outcomes.

Tex. Prop. Code §209.007

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 …

Other Authorities
Tex. Bus. Org. Code §22.001

Texas Nonprofit Corporation — Application

Texas nonprofit corporation statute. Part of Business Organizations Code. Covers governance, membership, directors, dissolution.

Tex. Bus. Org. Code §22.221

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, …

Tex. Prop. Code §111.001

Short Title

Texas Trust Code. Covers trust creation, modification, trustee duties, beneficiary rights, spendthrift provisions.

Tex. Prop. Code §82.116

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 …

Legal Facts by Category
The certificate must state how often regular assessments are charged and the amount. Tex. Prop. Code §207.003 (b)(2)
The certificate must disclose any special assessments that have been approved but are not yet due as of the date of delivery. Tex. Prop. Code §207.003 (b)(3)
The certificate must show the total amount the owner currently owes the association. Tex. Prop. Code §207.003 (b)(4)
The certificate must state the periodic common expense assessment and any unpaid common expenses or special assessments currently owed by the seller. Tex. Prop. Code §82.157 (a)(2)
The certificate must disclose any other unpaid fees or amounts the seller owes the association. Tex. Prop. Code §82.157 (a)(3)
The certificate must disclose any unsatisfied judgments against the HOA. Tex. Prop. Code §207.003 (b)(8)
The certificate must list pending lawsuits involving the HOA — by case style and cause number — except suits about a single member's unpaid property taxes. Tex. Prop. Code §207.003 (b)(9)
The certificate must disclose any unsatisfied judgments against the association. Tex. Prop. Code §82.157 (a)(6)
The certificate must describe the nature of any pending suits against the association. Tex. Prop. Code §82.157 (a)(7)
A Texas condo purchaser has five days to cancel after receiving the resale certificate or required documents — statute says cancellation must occur 'before the sixth day after the date the purchaser receives' the materials, which subsection (c) explicitly names 'the five-day cancellation period.' Tex. Prop. Code §82.156 (a)
The purchaser must cancel by hand delivery or certified mail within the five-day window. Cancellation is without penalty and the purchaser is entitled to a full refund of payments made before cancellation. Tex. Prop. Code §82.156 (c)
Under the Business Organizations Code, the baseline member-meeting quorum for a Texas HOA organized as a nonprofit corporation is one-tenth (10%) of voting power. Bylaws may set a different threshold. Tex. Bus. Org. Code §22.159 (a)
The certificate must disclose any capital expenditures the HOA has approved for the current fiscal year. Tex. Prop. Code §207.003 (b)(5)
The certificate must attach the HOA's current operating budget and balance sheet. Tex. Prop. Code §207.003 (b)(7)
The certificate must attach the association's current operating budget and balance sheet. Tex. Prop. Code §82.157 (a)(13)
The certificate must disclose any capital expenditures the association has approved for the next 12 months. Tex. Prop. Code §82.157 (a)(4)
The resale certificate must disclose any right of first refusal or other restraint on the owner's right to transfer the property. Tex. Prop. Code §207.003 (b)(1)
The certificate must disclose any right of first refusal or other restraint on the right to transfer the unit. Tex. Prop. Code §82.157 (a)(1)
The certificate must attach a certificate of insurance showing the HOA's property and liability coverage on common areas. Tex. Prop. Code §207.003 (b)(10)
The certificate must describe the insurance coverage the association provides for unit owners' benefit. Tex. Prop. Code §82.157 (a)(8)
Homeowners can request to inspect and copy the HOA's books and records, including financial records — either directly or through a designated agent, attorney, or CPA. Tex. Prop. Code §209.005 (c)
The HOA has 10 business days to provide requested records after receiving a written request. Tex. Prop. Code §209.005 (e)(2)
Texas POAs (over 14 lots) must keep financial books, meeting minutes, and tax returns for at least seven years. Tex. Prop. Code §209.005 (m)
The certificate must state the amount of capital expenditure reserves held by the HOA. Tex. Prop. Code §207.003 (b)(6)
The certificate must state the amount of reserves for capital expenditures, including any portion designated for a specific project. Tex. Prop. Code §82.157 (a)(5)
Resale certificate

Request a Texas resale certificate

Texas law requires 10 statutory disclosures on every resale. Buyers, agents, and title officers can request a certificate here — we contact the board to deliver it.

Request Texas resale certificate
No charge today. Payment is collected only after the board or property manager accepts and the certificate is delivered.
Legal references last verified May 23, 2026. This content is educational and informational. It does not constitute legal advice. Consult a licensed attorney in your state for legal guidance specific to your situation.
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