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Texas HOA Laws: An Owner's Guide
Short answer: Under Texas law as of September 23, 2026, most of the rules for a homeowners’ association (called a property owners’ association, or POA) are in Chapter 209 of the Texas Property Code, and Chapter 202 limits what covenants and rules may say (Tex. Prop. Code §§ 209.003, 202.002). Owners have statutory rights to records, open board meetings, and notice and a chance to request a hearing before fines. We did not find a state agency that regulates POAs (Tex. Prop. Code § 209.004(b-1)).
Last checked: September 23, 2026. Covers: Texas Property Code Chapters 209 and 202, with brief notes on other chapters. Agency rules, court decisions and local ordinances were not reviewed.
How we read the statute text
The public Texas statutes page is a JavaScript application that does not display text to a plain page fetch. We read each section as of September 23, 2026 from the Texas Legislative Council’s data service that the site itself uses. An attorney should confirm the key sections on https://statutes.capitol.texas.gov.
Texas HOA law at a glance
| Topic | What Chapter 209 says |
|---|---|
| Records | Response due by the 10th business day after a certified-mail request (§ 209.005(e)) |
| Board meetings | Open to owners, with listed executive-session grounds (§ 209.0051(b), (c)) |
| Fine limit | We found no dollar cap on POA fines in Chapter 209 in the sections we searched |
| Foreclosure | A court order is generally required before foreclosing an assessment lien; the owner may waive the expedited process in writing (§ 209.0092(a), (c)) |
| Regulator | None found; the state real estate commission only collects management certificates (§ 209.004(b-1)) |
Which Texas law applies to my community?
Chapter 209 applies to a residential subdivision whose declaration authorizes the association to collect regular or special assessments (Tex. Prop. Code § 209.003(a)). Unless the chapter says otherwise, it applies to an association with mandatory membership for all or a majority of owners, whatever it calls itself (Tex. Prop. Code § 209.003(b), (c)). Chapter 209 does not apply to condominiums (Tex. Prop. Code § 209.003(d)). Chapter 202 applies to restrictive covenants regardless of when they were created (Tex. Prop. Code § 202.002(a)).
How do I get my HOA’s records?
An owner, or an agent named in a signed writing, may examine records (Tex. Prop. Code § 209.005(c)). Send a written request by certified mail to the address on the association’s most current management certificate, saying whether you want to inspect first or receive copies (Tex. Prop. Code § 209.005(e)). The association must send inspection dates or produce copies by the 10th business day after it receives the request; if it cannot, it must give written notice of a date no later than the 15th business day after that notice (Tex. Prop. Code § 209.005(e), (f)). A business day excludes Saturdays, Sundays and state or federal holidays (Tex. Prop. Code § 209.005(q)). Copy charges are allowed only under a cost policy the association has recorded (Tex. Prop. Code § 209.005(i)).
Some records may be withheld, including an owner’s violation history, personal financial information and contact details other than an address (Tex. Prop. Code § 209.005(k)). If records are refused, an owner may petition the justice of the peace after sending written notice at least 10 business days before (Tex. Prop. Code § 209.005(n), (p)). This section does not apply to an association that is subject to Government Code chapter 552 by application of section 552.0036 of that code (Tex. Prop. Code § 209.005(b)); we did not read the Government Code provision. See how to request HOA records.
Are HOA board meetings open?
Regular and special board meetings must be open to owners, except closed executive session for personnel, pending or threatened litigation, contract negotiations, enforcement actions, attorney communications and similar matters (Tex. Prop. Code § 209.0051(b), (c)). Notice is either mailed 10 to 60 days ahead, or posted at least 144 hours before a regular meeting and 72 hours before a special one, plus e-mail to registered owners (Tex. Prop. Code § 209.0051(e), (f)). The section does not apply to an association subject to Government Code chapter 551 by application of section 551.0015 of that code (Tex. Prop. Code § 209.0051(a)); we did not read the Government Code provision. During a developer’s development period, the section applies only to meetings held for listed purposes (Tex. Prop. Code § 209.0051(i)). Board meetings may be held by electronic or telephone means if each director can hear and be heard and owners in attendance can hear the directors and listen in (Tex. Prop. Code § 209.0051(c-2)).
Outside an open, noticed meeting, the board may not vote on fines, assessment increases, special assessments, the annual budget, or adopting or amending a dedicatory instrument (Tex. Prop. Code § 209.0051(h)). See open meetings and executive session.
How do elections and removal work?
Written notice of an election or vote at a meeting goes out 10 to 60 days ahead (Tex. Prop. Code § 209.0056(a)). An owner may demand a recount, at the owner’s expense, in writing no later than the 15th day after the later of the meeting or the announcement of results; if the recount changes the result, the association reimburses that owner within 30 days (Tex. Prop. Code § 209.0057(b), (d)). A provision in a dedicatory instrument (such as the bylaws) that restricts an owner’s right to run for the board is void, with listed exceptions (Tex. Prop. Code § 209.00591(a)).
We did not find a recall petition threshold in Chapter 209. Where the association is a nonprofit corporation and its certificate of formation and bylaws have no removal provision, a director may be removed with or without cause by the people entitled to elect that director, by a vote equal to the vote needed to elect (Tex. Bus. Orgs. Code § 22.211(b)). Members with one-tenth of the votes may call a special meeting (Tex. Bus. Orgs. Code § 22.155). See how to remove an HOA board member.
What are the rules on fines?
We found no dollar cap on POA fines in Chapter 209 in the sections we searched. An association that fines must adopt an enforcement policy with a fine schedule and hearing information (Tex. Prop. Code § 209.0061, effective January 1, 2024).
Before fining, it must send certified-mail notice describing the violation and the owner’s right to request a hearing by the 30th day after mailing (Tex. Prop. Code § 209.006(a), (b)). If the violation is curable and not a health or safety threat, the notice gives a reasonable cure period, and a fine may not be assessed if the owner cures in time (Tex. Prop. Code § 209.006(c), (e)). The notice steps do not apply again to a violation noticed in the preceding six months (Tex. Prop. Code § 209.006(d)). A requested hearing is held within 30 days after the board receives the request, and the owner gets at least 10 days’ notice of it (Tex. Prop. Code § 209.007(c)). The hearing right applies only if the owner is entitled to a chance to cure, and the notice-and-hearing steps do not apply to a suit for a restraining order or injunction, a suit that includes foreclosure, or a temporary common-area suspension for a significant and immediate risk of harm (Tex. Prop. Code § 209.007(a), (d)). Attorney’s fees can be charged to an owner only after written notice that they will be charged (Tex. Prop. Code § 209.008(a)). See responding to a violation letter and unenforceable rules in Texas.
What about assessments, liens and foreclosure?
We found no section in Chapter 209 requiring an owner vote to raise regular assessments or levy a special assessment; that depends on the dedicatory instruments. Before filing an assessment lien, the association sends two notices of delinquency, the second by certified mail not earlier than the 30th day after the first, and may not file a lien before the 90th day after the second notice was sent (Tex. Prop. Code § 209.0094(d)-(f), as amended effective September 1, 2023); the notice steps do not apply to an association providing an owner the protections of the Servicemembers Civil Relief Act (§ 209.0094(g)). It may not foreclose an assessment lien if the debt consists solely of fines, attorney’s fees tied to fines, or certain records and recount costs (Tex. Prop. Code § 209.009). Foreclosure generally requires a court order under an expedited process or a judicial foreclosure; the owner may waive the expedited process in writing when foreclosure is sought (Tex. Prop. Code § 209.0092(a), (c), (d)). See can an HOA foreclose.
Who can I complain to?
We found no state agency with power over POAs in the sections we read; the state real estate commission collects management certificates only (Tex. Prop. Code § 209.004(b-1)). An owner may sue the association for a violation of the chapter in justice court (Tex. Prop. Code § 209.017). Either side may use alternative dispute resolution, and once a suit is filed a party may ask the court to compel mediation; we did not find mandatory pre-suit mediation (Tex. Prop. Code § 209.007(d), (e)).
What changed recently?
| Effective date | Change |
|---|---|
| September 1, 2023 | Two-notice lien process (H.B. 886, § 209.0094) |
| January 1, 2024 | Fine policy required (H.B. 614, § 209.0061) |
| September 1, 2025 | Owner meetings may be held by electronic or telephonic means (§ 209.0056(d)); the one voting method an association must offer may now be an electronic ballot, where before it had to be an absentee ballot or a proxy (S.B. 2629, § 209.00592(a-1)) |
| September 1, 2025 | No fines for brown or discolored turf while a residential watering restriction that could cause it applies, and until the 60th day after it lifts (H.B. 517, § 202.008) |
What to do next
- Find your recorded declaration and bylaws.
- Send any records request in writing by certified mail.
- Read any violation notice for the hearing deadline.
- Ask for the notice and agenda of the next board meeting.
- Consider a Texas community association attorney for your situation.
Common questions
Which Texas law governs HOAs? Chapter 209 of the Property Code, with Chapter 202 limits on covenants (Tex. Prop. Code §§ 209.003, 202.002).
Is there a state agency to complain to? We did not find one in the sections we read; the state real estate commission only collects management certificates (Tex. Prop. Code § 209.004(b-1)).
Can an HOA raise dues without a vote in Texas? We found no Chapter 209 vote requirement; whether one applies depends on the dedicatory instruments; the board may not consider or vote on assessment increases outside an open, noticed meeting (Tex. Prop. Code § 209.0051(h)).
Sources
Checked September 23, 2026 (as of that date, Texas Legislative Council data service):
- Property Code Chapter 209: https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm
- Property Code Chapter 202: https://statutes.capitol.texas.gov/Docs/PR/htm/PR.202.htm
- Business Organizations Code Chapter 22 (nonprofit corporations): https://statutes.capitol.texas.gov/Docs/BO/htm/BO.22.htm
Important notice
Fycus is not a law firm and does not provide legal advice. Association law varies by state and by each community’s governing documents. Consult a licensed attorney for guidance specific to your association.
This page is general information, was written from official statute text as of September 23, 2026, and has not been reviewed by an attorney. Laws change; check the current text before you rely on it.
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