Living in a Texas HOA-governed community brings many benefits, well-maintained neighborhoods, increased property values, and a sense of community. But with these benefits come legal responsibilities for both homeowners and board members. From rule enforcement to foreclosure limitations, understanding Texas HOA laws is essential to ensure compliance and protect homeowner rights. Whether you’re serving on your HOA’s Board of Directors or simply want to know your rights as a resident, this guide breaks down the key regulations you need to know.
Core HOA Laws in Texas: The Legal Foundation
Texas HOAs are governed by a mix of state property laws, nonprofit corporation rules, and specific homeowner protection statutes. Here are the most important laws:
- Texas Property Code – Chapters 201 to 215: This governs the creation and enforcement of HOA rules, architectural guidelines, assessment collection, and homeowner disclosures.
- Texas Residential Property Owners Protection Act (TRPOPA) – Chapter 209: Protects homeowners’ rights, covering open meetings, voting procedures, notice requirements, foreclosure limitations, and dispute resolution.
- Texas Nonprofit Corporation Act – Chapter 22, Business Organizations Code: Requires HOAs to operate as nonprofit corporations, outlining board structure, recordkeeping, and member voting.
- Texas Fair Housing Act – Chapter 301: Mirrors the federal law by prohibiting housing discrimination based on race, religion, sex, national origin, familial status, or disability.
- Texas Condominium Acts – Chapters 81 & 82: Apply specifically to condominium associations, dictating rules for creation, governance, and owner protections.
Important Note: When HOA rules conflict with Texas law, state law takes precedence. Outdated or overreaching HOA rules may be legally unenforceable.
Homeowner Rights and Protections Under Texas Law
The Texas Homeowner Protection Act (TRPOPA) lays out several key rights for homeowners:
- Right to Access Records (Section 209.005): Homeowners can request financial records, contracts, and board meeting minutes.
- Open Board Meetings (Section 209.0051): Boards must hold meetings that are open to all members and provide prior notice with an agenda.
- Fair Voting Practices (Sections 209.0056–209.00592): HOAs must allow all members to vote, offer absentee/electronic ballots, and provide timely election notices.
- Foreclosure Limitations (Section 209.009): HOAs cannot foreclose solely for fines or attorney’s fees. Judicial foreclosure and clear notices are required for lien enforcement.
- Right of Redemption (Section 209.011): Homeowners can reclaim their home up to 180 days after foreclosure by paying the owed amount plus costs.
- Alternative Payment Plans (Section 209.0062): HOAs with over 14 lots must offer reasonable payment plans for overdue assessments.
Transparency is critical. Homeowners should feel informed and empowered, not confused or blindsided by HOA actions.
Board Responsibilities and Legal Compliance
Board members are expected to act in good faith, follow the law, and maintain transparency with homeowners. Here’s what’s required:
- Document Filing and Access: HOAs must file a management certificate with county property records (Section 209.004) and record all governing documents for public access (Section 202.006).
- Notice Before Enforcement (Section 209.006): Before issuing fines or taking action, the HOA must notify the homeowner in writing and allow time to resolve the issue.
- Updated Fines Policy (HB 614): As of 2024, HOAs must post a clearly defined fines and enforcement policy online.
- Lien Filing Procedures (HB 886): Associations must send two notices—first by mail or email, then certified mail—and wait 90 days before filing an assessment lien.
- Architectural Review: Boards have the right to regulate changes to home exteriors but must follow fair and consistent review processes.
- Records Retention and Inspection: Financials, contracts, and board actions must be properly recorded and made accessible upon request (Sections 209.005 & 215.0135).
- Dispute Resolution: Before litigation, HOAs must offer a board hearing and can recommend alternative dispute resolution methods (Section 209.007).
Failure to follow legal procedures can lead to lawsuits or personal liability for board members. Working with a professional HOA management company can ensure compliance and mitigate risk.
Conclusion
Texas HOA laws are designed to strike a balance between effective community governance and homeowner rights. Whether you’re on the board or a resident, understanding these laws helps prevent conflict, ensures fair practices, and protects your property. At Creative Management, we support HOA communities across Houston in staying compliant, transparent, and proactive. If your association has questions about legal compliance or governance, our team is here to help.
Need Help Navigating HOA Laws? Contact Creative Management for expert support in HOA legal compliance and community management.