The HOA Book

Texas → Owner rights

What a Texas HOA can — and can't — do

The Texas Residential Property Owners Protection Act (Property Code Chapter 209) sets floors under how a subdivision association treats its owners. Each protection below names its section — read the statute, not our summary, before you act on one. Condominiums are different law (Chapter 82, the Uniform Condominium Act); this page covers subdivision associations.

Money and collections

  • Payment plans before the hammer — §209.0062. An association with 15 or more lots must adopt reasonable guidelines for alternative payment schedules on delinquent amounts. A plan under this section runs at least three months and need not extend beyond 18.
  • Notice before collections — §209.0064. Before third-party collection fees can land on you, the association must send written notice and give you 30 days to cure.
  • No foreclosure over fines alone — §209.009. An association may not foreclose its assessment lien if the debt consists only of fines, or attorney's fees tied only to fines.
  • Foreclosure goes through a court — §209.0092. Foreclosing an assessment lien requires a court order under the expedited foreclosure rules, except where the statute provides otherwise (an owner can agree to waive this).

Buying and selling

  • The resale certificate has a price ceiling and a clock — §207.003 (as amended by SB 1588, 2021). The association may charge no more than $375 to assemble and deliver the resale certificate, no more than $75 for an update, and must deliver it by the 10th business day after a proper request. Who to ask? The association's management certificate on file names them.
  • MUD disclosure at sale — Water Code §49.452. A seller inside a municipal utility district must give the buyer notice of the district and its taxes before closing. Check any address for the district behind that notice, and its rate and debt.

Governance and records

  • Open board meetings — §209.0051. Regular and special board meetings must be open to owners, with advance notice as the section prescribes.
  • Books and records — §209.005. Association records must be made open to and reasonably available for an owner's examination, on written request, under the section's procedure.
  • Notice and a hearing before punishment — §209.006 and §209.007. Before fining you, suspending privileges, or filing suit for enforcement, the association owes you written notice and an opportunity to be heard.

Your lot, your use

  • Solar — §202.010. A restrictive covenant may not prohibit solar energy devices, subject to the exceptions listed in the section.
  • Rain harvesting and drought-resistant yards — §202.007. Rain barrels, rainwater systems, and drought-resistant landscaping can't be flatly banned, subject to the section's conditions.
  • Flags — §202.011. Display of the United States flag, the Texas flag, and official military-branch flags is protected, with the section's rules on manner.
  • Political signs — §202.009. Ground signs for candidates and ballot measures are protected around elections, within the section's limits.
  • Religious displays — §202.018. Religious items may be displayed subject to the section's terms (broadened in 2021).

This page names statutes; it is not legal advice, and sections carry exceptions this summary doesn't restate. Texas Property Code chapters 202, 207, and 209 and Water Code chapter 49 are the authorities — current text at statutes.capitol.texas.gov. Found an error? Tell us. The HOA Book's Colorado rights page is the same idea for C.R.S.