Texas HOA Laws & Statutes: A Guide for Small HOAs
Texas HOA laws define how communities across the state manage assessments, governance, and homeowner rights. For small associations, staying compliant with these regulations can feel complex.
MicroHOA helps small Texas HOAs handle these responsibilities with clarity and confidence, combining modern technology with expert guidance to simplify management, ensure compliance, and lower HOA management costs.
Overview of Texas HOA Laws
Texas HOA laws establish the framework for community governance, owner rights, and board responsibilities. They ensure fair management practices and protect property values across the state. With more than 60,000 homeowners associations in Texas, these rules affect everything from small neighborhoods to large master-planned communities.
Most associations operate under Texas Property Code Chapter 202 and Chapter 209. These laws define how HOAs and property owners’ associations (POAs) manage assessments, records, and enforcement. For small HOAs—often volunteer-led—understanding these statutes is key to avoiding penalties and maintaining harmony between boards and residents.
Chapter 202 – Texas’s Core HOA Statute
Chapter 202 is the foundation of HOA governance. It regulates community covenants, architectural controls, and enforcement authority. Associations must align with recorded declarations to maintain consistency across shared areas and homeowner responsibilities.
Why Compliance Matters
Compliance keeps small HOAs protected. Staying current with Texas regulations helps prevent fines and disputes while ensuring transparency and stability. Following the rules outlined in Chapters 202 and 209 safeguards both the board and homeowners from unnecessary financial or legal strain.
Key Texas HOA Regulations Boards Should Know
Texas HOA regulations guide board members in managing small communities effectively. Each board member should understand these laws to avoid violations and promote good governance.
Restrictive Covenants & Enforcement Limits
Covenants preserve community standards. Under Chapter 202, boards may create and enforce restrictions that align with recorded declarations. These standards protect property values but must stay within the limits of Texas law. Overreaching or unclear rules can lead to disputes, so notice and documentation are essential.
Record-Keeping & Homeowner Access
Strong records build transparency. Under §209.005, associations must maintain official records—including budgets, minutes, and contracts—and provide access within ten business days of a written request.
Digital recordkeeping tools make compliance simple, ensuring homeowners receive timely access while protecting sensitive data.
Assessment Collections & Liens / Foreclosure Power
Fair enforcement matters. Under §209.006, HOAs must provide written notice and an opportunity for a hearing before pursuing liens or foreclosure for unpaid assessments. Foreclosure should be a last resort—consistent communication and clear payment tracking help prevent escalation.
| Statute Aspect | Key Requirement | 2025 Update |
|---|---|---|
| Records | 10 business days for access | Digital storage encouraged for 2025 compliance |
| Assessments | Notice/hearing before lien | Fee transparency required for 2025 updates |
HOA Management Certificate
Certificates promote transparency. Under §209.004, each HOA must file a management certificate listing contact details, fee policies, and management structure. Recent legislative changes expand disclosure requirements and establish clearer rules for architectural review committee (ARC) solicitation.
Homeowner Rights Under Texas HOA Laws
Texas HOA laws protect homeowners’ rights to fairness, transparency, and access to information. Under Chapter 209, residents can review records, attend meetings, and participate in association decisions.
Access to Documents & Records
Owners deserve clarity. Homeowners may request official records in writing, and boards must comply promptly under §209.005. Digital platforms—like those offered through MicroHOA—simplify document access, ensuring transparency without overburdening volunteer boards.
Dispute Resolution & Hearings
Fair hearings resolve issues early. Before imposing fines or suspensions, HOAs must give written notice and allow the homeowner to request a hearing under §209.007. Proper documentation and communication protect both homeowners and the board.
Limitations on HOA Rule Imposition
Rules must align with governing documents. Boards cannot adopt new restrictions that conflict with state law or recorded covenants. Notice and approval procedures outlined in Chapter 209 must always be followed to maintain legal standing.
Common Legal & Compliance Challenges in Texas HOAs
Even the most diligent boards encounter compliance challenges. Smaller associations often face:
- Overreaching rules: Policies that exceed the authority of recorded declarations.
- Disorganized records: Missing budgets or meeting minutes that violate §209.005.
- Missed notices: Forgetting meeting or filing deadlines.
- Outdated covenants: Language that causes confusion or inconsistent enforcement.
- 2025 updates: New rules like SB 711 (ARC solicitation) and HB 621 (political gatherings in common areas) demand ongoing awareness.
MicroHOA helps Texas HOAs adapt to these evolving laws with proactive compliance reminders and automated record management.
Disclaimer: This guide provides general information about Texas HOA laws and is not legal advice. For specific guidance regarding your HOA’s governing documents or legal questions, contact an attorney who specializes in community association law. If you need a referral, MicroHOA can connect you with trusted Texas professionals. MicroHOA is not a law firm.
Table of Contents
Why Choose MicroHOA for Small Texas Communities
Our team monitors Texas HOA updates through the Texas Legislature.
Solutions designed for associations with under 50 homes.
Reduce risk through organized recordkeeping and automated reminders.
Build trust through clear documentation and owner access.
How MicroHOA Helps Small Texas HOAs Stay Compliant
MicroHOA gives small boards the structure and confidence to meet Texas HOA law requirements with ease.
- Automated reminders and reporting: Stay on schedule with meetings, budgets, and filings.
- Secure digital recordkeeping: Organize and share official records with transparency.
- Budgeting and reserve planning: Maintain compliance with state and insurance requirements.
- Texas-specific compliance monitoring: Automatically track changes to Chapters 202 and 209.
FAQ
What is the new law in Texas for HOA?
Texas’s 2025 HOA legislation strengthens transparency and homeowner rights. Updates like SB 711 introduce clearer rules for architectural review committee appointments, while HB 621 allows political gatherings in common areas. Amendments to §209.004 expand HOA management certificate disclosures. Boards should review governing documents regularly and stay informed via the Texas Legislature site and CAI Texas Chapter.
Can an HOA legally do anything in Texas?
No. HOAs are governed by state law and their own declarations. Under Chapters 202 and 209, associations cannot impose new restrictions without authority or due process. Every action—fines, liens, or foreclosures—must follow the procedures in §209.006–§209.007 to remain enforceable.
What can an HOA do if a homeowner refuses to pay assessments?
Under Chapter 209, associations can collect unpaid assessments through late fees, interest, or liens. However, foreclosure requires written notice, a hearing opportunity, and a good-faith effort to resolve the issue. Transparent communication and documentation help avoid costly disputes. Learn more under §209.006.
Texas CAI Resources
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