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Texas HOA Governing Documents: Which One Controls?

Short answer: As of October 14, 2026, Texas’s HOA statute (Property Code Chapter 209) does not rank the declaration, certificate of formation, bylaws and rules as a whole. It overrides them section by section: several sections say they supersede a contrary dedicatory instrument, and some document provisions are void. It also says a bylaw may not be amended to conflict with the declaration. Condominiums are different: under Chapter 82 the declaration prevails over the bylaws unless the declaration is inconsistent with that chapter.

Last checked: October 14, 2026. Covers: Texas Property Code Chapters 209 (property owners’ associations), 202 (restrictive covenants), 82 and 81 (condominiums) and 215 (master mixed-use associations), and Business Organizations Code Chapter 22 (nonprofit corporations). Court decisions, agency rules and local ordinances were not reviewed. See also Texas HOA laws and the national guide, which HOA document controls.

Does Texas law override HOA documents?

In many places, yes, section by section. Texas calls the governing documents “dedicatory instruments”, a term that includes the restrictions, the bylaws and “properly adopted rules and regulations” (Tex. Prop. Code § 209.002(4)). Examples of the statute winning:

  • The section on amending dedicatory instruments “supersedes any contrary requirement in a dedicatory instrument” (§ 209.0041(f)). So does the voting section (§ 209.00592(f)), which does not apply to an association subject to Government Code Chapter 552 through § 552.0036, or to a mixed-use master that existed before 1974 and cannot impose fines (§§ 209.00592(g), 209.003(e)).
  • A provision that restricts an owner’s right to run for the board is void, except as that section provides (§ 209.00591(a)).

We did not find a general clause saying Chapter 209 cannot be varied by the documents; each override is in its own section. Chapter 209 applies only to a residential subdivision whose declaration authorizes assessments on all or a majority of the property, and generally only to associations with mandatory membership (§ 209.003(a)-(b)).

Is there an order among the declaration, certificate, bylaws and rules?

We did not find a full ranking for HOAs in Chapters 209, 202 or 204, searched in full on October 14, 2026. The pieces Texas does state:

  • Bylaws and the declaration. “A bylaw may not be amended to conflict with the declaration” (§ 209.0041(i)). That section applies where membership is mandatory, but not to an association made subject to Government Code Chapter 552 (§ 209.0041(b)-(c)).
  • Certificate of formation and bylaws. For a nonprofit corporation, bylaws may contain provisions “consistent with law and the certificate of formation” (Tex. Bus. Orgs. Code § 22.102(b)). An inconsistent certificate provision controls over the bylaw, with one exception for the number of directors (§ 22.103).
  • Filing. A dedicatory instrument “has no effect until the instrument is filed” in the county real property records (Tex. Prop. Code § 202.006(b)).

What limits apply to HOA rules?

Because rules are dedicatory instruments, the board may not consider or vote on adopting or amending one except in an open meeting for which owners got prior notice (§ 209.0051(h)(10)). That section does not apply to an association subject to Government Code Chapter 551 through § 551.0015 (§ 209.0051(a)). An association’s exercise of discretion about a restrictive covenant is presumed reasonable unless a court finds it “arbitrary, capricious, or discriminatory” (§ 202.004(a)).

We did not find, in Chapters 209 or 202, a notice-and-comment procedure for rules, a statement on what happens when a rule conflicts with the declaration, or an owner vote to disapprove a rule. See unenforceable HOA rules in Texas.

How do condominiums differ?

Chapter 209 “does not apply to a condominium” (§ 209.003(d)). Chapter 82 applies to condominiums whose declaration was recorded on or after January 1, 1994 (§ 82.002(a)). In those:

  • If the declaration and bylaws conflict, “the declaration prevails except to the extent the declaration is inconsistent with this chapter” (§ 82.053(c)).
  • Chapter 82 may not be varied by agreement, and its rights may not be waived, except as it expressly provides (§ 82.004).
  • Unless the declaration provides otherwise, the board may adopt rules on use, occupancy, leasing, maintenance and appearance, to the extent the regulated actions affect common elements or other units (§ 82.102(a)(7)). A bylaw or rule must not be arbitrary or capricious to be enforceable (§ 82.102(c)).

Older condominiums are governed by Chapter 81 (§ 81.0011(a)), where we did not find a conflict rule, unless they opt in to Chapter 82. A listed set of Chapter 82 sections applies to them anyway, for events on or after January 1, 1994; the list includes § 82.053 and § 82.102(a)(1)-(7) but not § 82.004 or § 82.102(c). Those sections “do not invalidate existing provisions of the declaration, bylaws, or plats or plans” of an older condominium (§ 82.002(a), (c)).

What about master associations and sub-associations?

Texas has one chapter written for a master association: Chapter 215, for very large master mixed-use associations. It applies only where every test in § 215.002(a) is met, including at least 6,000 acres of deed-restricted property and at least 10 incorporated member associations. Chapter 209 does not apply to such an association (§ 215.003). Chapter 215 applies to the master, not to its member associations, except as it provides (§ 215.002(c)).

For other masters, Chapter 209 applies under its general tests, though a mixed-use master that existed before 1974 and cannot impose fines is excused from six of its sections, including the voting section (§ 209.003(e)). Where the voting section applies, owners may vote by “any method of representative or delegated voting provided by a dedicatory instrument” (§ 209.00592(a)(4), (g)). We did not find text resolving a conflict between a master’s and a sub’s documents, approvals at two levels, or how assessments pass between them. See master association vs sub-association.

What usually decides

In many Texas communities the recorded declaration and bylaws spell out their own relationship, and a master declaration may say how neighborhood documents fit under it. Those words usually decide.

What to do next

  1. Get the recorded declaration and amendments from the county records, plus the certificate of formation, bylaws and rules.
  2. Check whether the Chapter 209 section on your topic says it supersedes the documents.
  3. For a disputed rule, ask for the minutes of the open meeting where it was adopted.
  4. For a real dispute, a Texas attorney can review your documents.

Common questions

Does Texas law supersede HOA rules?

Where a Chapter 209 section says it supersedes a contrary dedicatory instrument, or makes a provision void, yes; rules are dedicatory instruments (§ 209.002(4)). We did not find a general statement that the statute overrides every rule.

Does a Texas HOA rule have to be recorded?

Yes. Under Chapter 202, “dedicatory instruments” include an association’s properly adopted rules, and a dedicatory instrument has no effect until it is filed in the real property records of the county (§§ 202.001(1), 202.006(b)).

Do HOA bylaws override the declaration in Texas?

No: a bylaw may not be amended to conflict with the declaration (§ 209.0041(i)). In a Chapter 82 condominium, the declaration prevails over the bylaws unless the declaration is inconsistent with the chapter (§ 82.053(c)).

Sources

Checked October 14, 2026 (Texas Legislative Council data service, as of that date):

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 October 14, 2026, and has not been reviewed by an attorney. Laws change; check the current text before you rely on it.

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