A homeowners’ association governs many residential communities in Texas. These HOAs typically manage shared areas in the community, enforce neighborhood rules, and collect dues to maintain the community. The authority and responsibilities of an HOA can vary depending on the type of development and the association’s governing documents.
It’s especially important to understand Texas HOA laws as a landlord. Using the right property management software helps you keep everything organized and on track.
Who Regulates HOAs in Texas?
Texas HOA laws follow the Restrictive Covenants statute, which is in Title 11 of Texas’ Property Code. These laws apply to many planned developments, including subdivisions, condominium buildings, and townhome communities.
HOAs must also follow their own association documents. These documents help establish the rules of the community, and usually include:
- Articles of Incorporation
- Bylaws
- Declarations of Covenants, Conditions, and Restrictions
- Community rules and policies
Not every community will have the same set of guidelines, but most rely on a similar set of materials to help guide the association.
Texas HOAs are often subject to federal laws, such as:
- The Americans with Disabilities Act of 1990
- The Fair Housing Act (unless there is an exemption)
- The Code of Federal Regulations
There are additional Texas laws and statutes HOAs must abide by, including the Texas Residential Property Owners Protection Act, Texas Nonprofit Corporation Act, and the Texas Fair Housing Act.
How to Find HOA Regulations in Texas
HOA governing documents in Texas are generally public records. You can usually find these documents filed with the county where the property is.
Homeowners who want to review HOA rules can request copies from the county clerk’s office in the appropriate county [1]. Some records related to an HOA may also be available through filings with the Texas Secretary of State. You can also search these records online for a small fee.
Texas law also limits the amount condominium associations may charge for certain resale certificates provided during a home sale [21].
HOA Powers in Texas
In Texas, an HOA has several powers that allow it to manage and maintain the community. These powers typically derive from the association’s governing documents and state property laws.
Common HOA powers include [2]:
- Collecting payments for common expenses
- Regulating the use of common areas
- Charging fees to maintain shared property
- Issuing reasonable fines for rule violations
- Placing liens and foreclosing on homes for unpaid dues
In many communities, HOA documents may also establish rules regarding parking restrictions, fencing requirements, exterior paint colors, or architectural standards.
Texas law also allows associations to regulate certain security fencing installations, particularly if they interfere with sidewalks, drainage areas, or other shared infrastructure [20].
Can an HOA Impose Fines on a Homeowner in Texas?
In Texas, an HOA can impose fines on a homeowner for violating community rules if it has the authority to do so based on the association’s governing documents. State law alone does not automatically allow HOAs to issue fines.
The governing documents usually explain the types of fines and the procedures that you must follow before issuing any penalties [3].
If fines are authorized, the HOA must usually give the homeowner written notice by certified mail describing the violation, the amount of the fine, and steps the homeowner can take to correct the issue [4].
Texas also requires many property owners’ associations to adopt a written enforcement policy outlining how violations and penalties are applied [19].
State law also protects certain homeowner rights. In many cases, an HOA cannot fine a homeowner for (or generally prohibit) actions such as:
- installing rain barrels or other water-conservation systems.
- using drought-resistant landscaping [5].
- installing solar energy devices [6].
- installing roof shingles that meet certain standards [7].
- displaying the American flag, the Texas flag, or military flags in accordance with federal law [8].
- displaying religious items on an entry door [9].
- installing standby electric generators [10].
- transporting or storing firearms when legally permitted [11].
- installing satellite dishes or antennas [12].
However, an HOA may still adopt reasonable rules regarding the placement or appearance of these items.
Can an HOA Take a Homeowner’s House in Texas?
An HOA in Texas may foreclose on a home within the community if a homeowner does not pay the required assessments.
Usually, the process begins when the HOA places a lien on the property for unpaid dues. If the debt remains unresolved, the association may move forward with foreclosure to recover the amount owed [2].
There are two ways an HOA pursues foreclosure [13]:
Judicial foreclosure. The HOA files a petition with the court in the county where the property is. If the court approves the request, they can sell the home to satisfy the lien.
Expedited or non-judicial foreclosure. If authorized in the governing documents, the HOA may seek a court order that allows it to sell the property after giving proper notice to the homeowner.
Although an HOA may foreclose on a lien, it cannot evict a homeowner directly. In some situations, however, the HOA may take action against a tenant if the lease violates HOA rules.
Can an HOA Enter a Homeowner’s Property in Texas?
In Texas, an HOA may enter a homeowner’s property when it is reasonably necessary to maintain shared property, utilities, or common elements [2].
Individual units are considered private spaces for the homeowner’s use. However, certain parts of a property, such as balconies or exterior structural elements, may still require maintenance by the HOA.
Common elements are areas owned or maintained by the association and used by multiple residents. These can include spaces like hallways, elevators, landscaping, or shared amenities.
Except in emergencies, HOAs generally provide advance notice before entering a property. Many associations give about 1 to 2 weeks’ notice, although you can find the exact timing in the governing documents.
Where Do Homeowners File Complaints Against Their HOA in Texas?
The appropriate place to file a complaint against an HOA depends on the type of issue that is involved.
For complaints involving housing discrimination, homeowners may file a complaint with the Texas Workforce Commission, the U.S. Department of Housing and Urban Development, or pursue a private lawsuit in state or federal court.
If the issue involves HOA fees or collection practices, homeowners may file complaints with agencies such as the Texas Department of Housing and Community Affairs, the Federal Trade Commission, or the Consumer Financial Protection Bureau. You must file any claims under the Fair Debt Collection Practices Act within one year of the violation.
Other disputes involving HOA rules or enforcement actions typically go through state court in the appropriate county.
Joining and Leaving an HOA in Texas
In Texas, purchasing a home located within an HOA community usually means the homeowner automatically becomes a member of that association.
During the home purchase process, buyers typically receive documents explaining the HOA and the rules that apply to the property [14].
Once a homeowner owns property in the association, they generally cannot withdraw from the HOA while continuing to own the home. In most situations, leaving the HOA simply occurs when the property sells.
Occasionally, homeowners may try to petition the association to remove their property from the HOA, but there is no guarantee that the association will approve the request.
How to Dissolve an HOA in Texas
The dissolution process under Texas HOA laws is found in the association’s governing documents. If the governing documents do not outline this process, a majority vote of the HOA members is needed before the process can move forward.
A petition for dissolution must be prepared and circulated among all homeowners [15]. If at least 75% of homeowners vote in favor of dissolution, the termination may proceed [16].
After the vote, the petition circulator files an affidavit with the county clerk [17]. The HOA is dissolved once all required documentation is filed or on the date specified in the petition [18].
Texas HOA Laws FAQs
Can an HOA restrict solar panels in Texas?
Texas HOA laws generally protect a homeowner’s right to install solar energy devices, but HOAs may still adopt reasonable rules about placement, appearance, or safety. For example, an HOA may restrict installations that extend beyond the roofline or that violate structural requirements.
Are HOA board meetings required to be open to homeowners in Texas?
In many cases, HOA board meetings must be open to members of the association. Texas law requires property owners’ associations to give notice of certain meetings and allow homeowners the opportunity to attend, although they may still discuss some matters in private executive sessions.
Can a homeowner challenge an HOA fine in Texas?
Yes. If a homeowner believes a fine was issued improperly, they may request a hearing with the HOA board to dispute the violation. Texas law requires associations to provide notice of violations and allow homeowners an opportunity to respond before enforcing penalties.
Sources
- 1 Tex. Prop. Code § 202.006
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A property owners’ association shall file all dedicatory instruments in the real property records of each county in which the property to which the dedicatory instruments relate is located.
Source Link - 2 Tex. Prop. Code § 204.010
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(6) regulate the use, maintenance, repair, replacement, modification, and appearance of the subdivision; (7) make additional improvements to be included as a part of the common area; (9) impose and receive payments, fees, or charges for the use, rental, or operation of the common area and for services provided to property owners; (10) impose interest, late charges, and, if applicable, returned check charges for late payments of regular assessments or special assessments; (11) if notice and an opportunity to be heard are given, collect… reasonable costs incurred by the property owners’ association relating to violations of the subdivision’s restrictions or the property owners’ association’s bylaws and rules; (20) exercise other powers that may be exercised in this state by a corporation of the same type as the property owners’ association; and (21) exercise other powers necessary and proper for the governance and operation of the property owners’ association.
Source Link - 3 Property Owners’ Association CC&Rs
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Texas law does not automatically give a property owners’ association the right to impose fines… These powers must be granted by the declaration of covenants, conditions, and restrictions…. If an association’s declaration grants it the right to impose fines for violations, it must notify the property owner in writing via certified mail before imposing the fine… the notice must contain the following information: A description of the violation, The amount the property owner owes to the association… A statement that the owner has 30 days… to request a hearing before the Board of Directors, Notice of any special rights or relief that the owner might have… If the violation is not a threat to public health or safety… a reasonable amount of time period to fix the violation and avoid the fine. The notice should state the date by which the violation must be fixed.
Source Link - 4 Tex. Prop. Code § 209.006
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(a) Before a property owners’ association may suspend an owner’s right to use a common area, file a suit against an owner other than a suit to collect a regular or special assessment or foreclose under an association’s lien, charge an owner for property damage, or levy a fine for a violation of the restrictions or bylaws or rules of the association, the association or its agent must give written notice to the owner by certified mail. (b)The notice must: (1)describe the violation or property damage that is the basis for the suspension action, charge, or fine and state any amount due the association from the owner…
Source Link - 5 Tex. Prop. Code § 202.007
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(a) A property owners’ association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from: (1) implementing measures promoting solid-waste composting of vegetation, including grass clippings, leaves, or brush, or leaving grass clippings uncollected on grass; (2) installing rain barrels or a rainwater harvesting system; (3) implementing efficient irrigation systems, including underground drip or other drip systems; or (4) using drought-resistant landscaping or water-conserving natural turf.
Source Link - 6 Tex. Prop. Code § 202.010
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(b) Except as otherwise provided by Subsection (d), a property owners’ association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from installing a solar energy device.
Source Link - 7 Tex. Prop. Code § 202.011
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A property owners’ association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner who is otherwise authorized to install shingles on the roof of the owner’s property from installing shingles…
Source Link - 8 Tex. Prop. Code § 202.012
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(a) A property owners’ association may not, except as provided in this section, adopt or enforce a dedicatory instrument provision that prohibits, restricts, or has the effect of prohibiting or restricting an owner from the display of: (1) the flag of the United States of America; (2) the flag of the State of Texas; or (3) an official or replica flag of any branch of the United States armed forces.
Source Link - 9 Tex. Prop. Code § 202.018
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(a) Except as otherwise provided by this section, a property owners’ association may not enforce or adopt a restrictive covenant that prohibits a property owner or resident from displaying or affixing on the entry to the owner’s or resident’s dwelling one or more religious items the display of which is motivated by the owner’s or resident’s sincere religious belief. (b) This section does not prohibit the enforcement or adoption of a covenant that, to the extent allowed by the constitution of this state and the United States…
Source Link - 10 Tex. Prop. Code § 202.019
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(b) Except as provided by this section, a property owners’ association may not adopt or enforce a dedicatory instrument provision that prohibits, restricts, or has the effect of prohibiting or restricting an owner from owning, operating, installing, or maintaining a permanently installed standby electric generator.
Source Link - 11 Tex. Prop. Code § 202.020
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A property owners’ association may not include or enforce a provision in a dedicatory instrument that prohibits, restricts, or has the effect of prohibiting or restricting any person who is otherwise authorized from lawfully possessing, transporting, or storing a firearm, any part of a firearm, or firearm ammunition, as well as the otherwise lawful discharge of a firearm.
Source Link - 12 Over-the-Air Reception Devices Rule
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Enforceable placement preferences must be clearly articulated in writing and made available to all residents of the community in question. A requirement that an antenna be located where reception or transmission would be impossible or substantially degraded is prohibited by the rule… A valid enforceable placement preference should not contain prohibited provisions such as prior approval or require professional installation… when an antenna is professionally installed, the installer often determines the location of the antenna at the time of installation based upon the type of antenna installed and the ability of the antenna to receive an acceptable quality signal.
Source Link - 13 Property Owners’ Associations Assessments and Foreclosures
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A judicial foreclosure requires a property owners’ association to file a petition for foreclosure with the district or county court (depending on the amount of money owed) where the property is located. Once a judgment has been issued, Texas Rule of Civil Procedure 309 authorizes a sheriff or constable to seize and sell the property to satisfy the judgment. The governing documents of some property owners’ associations may permit “non-judicial foreclosures.”… Texas law requires the property owners’ association to apply for and obtain a court order allowing the sale of the property, unless the property owner waives this requirement in writing. The property owner… must be given notice that an application for expedited foreclosure has been filed. They have the right to request a hearing… Unlike property owners’ associations, condominium owners’ associations are granted the right to foreclose non-judicially by Texas law.
Source Link - 14 Tex. Prop. Code § 204.004
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(a) A property owners’ association is a designated representative of the owners of property in a subdivision and may be referred to as a “homeowners association,” “community association,” “civic association,” “civic club,” “association,” “committee,” or similar term contained in the restrictions. The membership of the association consists of the owners of property within the subdivision.
Source Link - 15 Tex. Prop. Code § 213.007
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(a) A petition circulator shall deliver a copy of the petition to: (1) all owners of: (A) each lot or parcel of real property in the development; and (B )each unit or apartment of each condominium, if any, in the development; and (2) each property owners’ association, unit owners’ association, and council of owners in the development.
Source Link - 16 Tex. Prop. Code § 213.008
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(a) The modification or termination of the restriction is adopted if the owners of at least 75 percent of the total number, as applicable, of the lots or parcels of land and the units or apartments of condominiums in the development, including the owner of the amenity property, vote in favor of the modification or termination of the restriction.
Source Link - 17 Tex. Prop. Code § 213.010
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(a) The petition circulator shall certify the result of the votes by filing an affidavit with the county clerk of the county in which the restriction modified or terminated is recorded.
Source Link - 18 Tex. Prop. Code § 213.012
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The modification or termination of the restriction takes effect on the later of: (1) the date the affidavit required by Section 213.010 (Certification of Results by Recorded Affidavit) is filed with the county clerk; or (2 )the date, if any, specified as the effective date in the petition.
Source Link - 19 Tex. Prop. Code § 209.0061
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(a) his section does not apply to a property owners’ association that is not authorized by the association’s dedicatory instrument to levy a fine.
(b) A property owners’ association board shall adopt an enforcement policy regarding the levying of fines by the property owners’ association. The policy must include:
(1) general categories of restrictive covenants for which the association may assess fines;
(2) a schedule of fines for each category of violation; and
(3) information regarding hearings described by Section 209.007.
(c) The enforcement policy adopted pursuant to Subsection (b) may reserve the board’s authority to levy a fine from the schedule of fines that varies on a case-by-case basis.
(d) Each property owners’ association shall:
(1) provide a copy of the policy to an owner of each property in the subdivision by:
(A) posting the policy on an Internet website maintained by the property owners’ association or an agent acting on behalf of the association and accessible to members of the association; or
(B) annually sending a copy of the policy, separately or included in routine communication from the property owners’ association to property owners, by:
(i) hand delivery to the owner;
(ii) first class mail to the owner’s last known mailing address; or
(iii) e-mail to an e-mail address provided to the property owners’ association by the owner; and
(2) make the policy available on any publicly accessible Internet website maintained by the property owners’ association or an agent acting on behalf of the association.
Source Link - 20 Tex. Prop. Code § 202.023
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Sec. 202.023. SECURITY MEASURES. (a) This section does not apply to:
(1) a condominium as defined by Section 81.002 or 82.003; or
(2) a master mixed-use property owners’ association subject to Chapter 215.
(b) Except as provided by Subsection (c), a property owners’ association may not adopt or enforce a restrictive covenant that prevents a property owner from building or installing security measures, including but not limited to a security camera, motion detector, or perimeter fence.
(c) This section does not prohibit a property owners’ association from:
(1) prohibiting the installation of a security camera by a property owner in a place other than the property owner’s private property;
(2) regulating the type of fencing that a property owner may install;
(3) prohibiting the placement of fencing that obstructs:
(A) a license area, as defined by a written license agreement or plat;
(B) a sidewalk in the public right-of-way or otherwise installed for public or community use; or
(C) a drainage easement or drainage area;
(4) requiring a driveway gate to be set back at least 10 feet from the right-of-way if the driveway intersects with a laned roadway, as defined by Section 541.302, Transportation Code; or
(5) if provided by a restrictive covenant, prohibiting the installation of fencing in front of the front-most building line of a dwelling.
(d) Notwithstanding Subsection (c), a property owner may maintain any perimeter fencing or fencing in front of a dwelling’s front-most building line installed or constructed before September 1, 2025.
(e) Notwithstanding Subsection (c)(5), a property owners’ association may not prohibit a property owner from installing perimeter fencing or fencing in front of the front-most building line of a dwelling if:
(1) the property owner’s residential address is exempt from public disclosure under state or federal law; or
(2) the property owner provides to the association documentation from a law enforcement agency of the property owner’s need for enhanced security measures.
Added by Acts 2021, 87th Leg., R.S., Ch. 716 (H.B. 3571), Sec. 1, eff. June 15, 2021.
Added by Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 4, eff. September 1, 2021.
Amended by:
Acts 2025, 89th Leg., R.S., Ch. 10 (S.B. 711), Sec. 5, eff. September 1, 2025.
Source Link - 21 Tex. Prop. Code § 82.157
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(a) Except as provided by Subsection (c), if a unit owner other than a declarant intends to sell a unit, before executing a contract or conveying the unit, the unit owner must furnish to the purchaser a current copy of the declaration, bylaws, any association rules, and a resale certificate that must have been prepared not earlier than three months before the date it is delivered to the purchaser. The resale certificate must be issued by the association and must contain the current operating budget of the association and statements of:
(1) any right of first refusal or other restraint contained in the declaration that restricts the right to transfer a unit;
(2) the amount of the periodic common expense assessment and the unpaid common expenses or special assessments currently due and payable from the selling unit owner;
(3) other unpaid fees or amounts payable to the association by the selling unit owner;
(4) capital expenditures, if any, approved by the association for the next 12 months;
(5) the amount of reserves, if any, for capital expenditures and of portions of those reserves designated by the association for a specified project;
(6) any unsatisfied judgments against the association;
(7) the nature of any pending suits against the association;
(8) insurance coverage provided for the benefit of unit owners;
(9) whether the board has knowledge that any alterations or improvements to the unit or to the limited common elements assigned to that unit violate the declaration, bylaws, or association rules;
(10) whether the board has received notice from a governmental authority concerning violations of health or building codes with respect to the unit, the limited common elements assigned to that unit, or any other portion of the condominium;
(11) the remaining term of any leasehold estate that affects the condominium and the provisions governing an extension or renewal of the lease;
(12) the name, mailing address, and telephone number of the association’s managing agent, if any;
(13) the association’s current operating budget and balance sheet; and
(14) all fees payable to the association or an agent of the association that are associated with the transfer of ownership, including a description of each fee, to whom the fee is paid, and the amount of the fee.
(b) Not later than the 10th day after the date of receiving a written request by a unit owner, an association shall furnish to the selling unit owner or the owner’s agent a resale certificate signed and dated by an officer or authorized agent of the association containing the information required by Subsection (a). A selling unit owner or the owner’s agent is not liable to the purchaser for erroneous information provided by the association in the certificate. If an association does not furnish a resale certificate or any information required in the certificate within the 10-day period, the unit owner may provide the purchaser with a sworn affidavit signed by the unit owner in lieu of the certificate. An affidavit must state that the unit owner requested information from the association concerning its financial condition, as required by this section, and that the association did not timely provide a resale certificate or the information required in the certificate. If a unit owner has furnished an affidavit to a purchaser, the unit owner and the purchaser may agree in writing to waive the requirement to furnish a resale certificate. The association is not liable to a selling unit owner for delay or failure to furnish a resale certificate, and an officer or agent of the association is not liable for a delay or failure to furnish a certificate unless the officer or agent wilfully refuses to furnish the certificate or is grossly negligent in not furnishing the resale certificate. Failure to provide a resale certificate does not void a deed to a purchaser.
(c) If a properly executed resale certificate incorrectly states the total of delinquent sums owed by the selling unit owner to the association, the purchaser is not liable for payment of additional delinquencies that are unpaid on the date the certificate is prepared and that exceed the total sum stated in the certificate. A unit owner or the owner’s agent is not liable to a purchaser for the failure or delay of the association to provide the certificate in a timely manner.
(d) A resale certificate does not affect:
(1) an association’s right to recover debts or claims that arise or become due after the date the certificate is prepared; or
(2) an association’s lien on a unit securing payment of future assessments.
(e) A purchaser, lender, or title insurer who relies on a resale certificate is not liable for any debt or claim that is not disclosed in the certificate. An association may not deny the validity of any statement in the certificate.
Source Link
