HOA Laws in Texas: What Boards and Homeowners Need to Know

Updated May 2026  ·  est. 20,000+ HOAs in Texas

Overview: How Texas HOA Law Works

Texas has one of the most detailed HOA statutes in the country -- the Residential Property Owners Protection Act (Tex. Prop. Code Ch. 209) -- combined with Property Code Chapter 202 governing restrictive covenants. Texas is home to some of the largest and most powerful HOAs in the United States, particularly in the Houston and Dallas metros. The state also has notable restrictions on what HOAs can prohibit, including US flag display, religious symbols on private property, and certain security measures, and requires licensed managers for communities of 14 or more units.

Every HOA in Texas is governed by a combination of state law and its own governing documents - typically the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), bylaws, and rules and regulations. Where state law and governing documents conflict, state law generally controls. Where state law is silent, the governing documents fill the gap.

Key Texas HOA Laws and Requirements

• Texas Property Code Chapter 209 (Residential Property Owners Protection Act) is one of the most detailed HOA statutes in the US, with specific rules on financial records, open meetings, enforcement, and collections.
• HOAs must maintain financial records and make them available to members within 10 business days of a written request; failure can result in a $500 penalty (Tex. Prop. Code § 209.005).
• Boards must hold open meetings; executive sessions are limited to specific topics enumerated in Ch. 209.
• Under Tex. Prop. Code § 209.006, the HOA must provide written notice of an alleged violation and at least 30 days to cure before imposing a fine; a hearing opportunity must also be provided.
• HOAs may foreclose on assessment liens but must obtain a court order for foreclosure on homestead properties where the only debt is unpaid assessments (Tex. Prop. Code § 209.0092).
• Texas prohibits HOAs from restricting display of the US flag, religious symbols on the exterior of a home, certain security measures including security cameras, and children's play equipment (Tex. Prop. Code §§ 202.010-202.019).
• Texas requires HOA management companies serving communities of 14 or more units to hold a real estate license from the Texas Real Estate Commission (TREC) (Tex. Prop. Code Ch. 1101).
• Texas HOA assessment liens do NOT have super-priority over first mortgages; the first mortgage lender's lien ranks senior to the HOA lien in a foreclosure.
• Texas does not require planned community HOAs to maintain a reserve fund by state statute; reserve obligations depend on governing documents.

What Texas Homeowners Have a Right To

Regardless of what any individual HOA's governing documents say, Texas homeowners in HOA communities generally have the right to:

• Access financial records and meeting minutes (within timeframes set by state law or governing documents)
• Receive notice before fines are imposed and an opportunity to be heard
• Attend board meetings (with limited exceptions for executive sessions)
• Inspect and receive copies of the community's governing documents
• Vote in board elections and on major community decisions
• Receive proper notice before assessments are collected by lien or legal action

Assessment Collection in Texas

When a homeowner fails to pay assessments in Texas, the HOA's typical collection process follows these steps:

1. Written notice of delinquency sent to the homeowner
2. Late fees applied after the grace period specified in governing documents (or as set by state law)
3. Lien filed against the property after notice and applicable cure period
4. If unpaid, the HOA may pursue legal action or foreclosure per Texas law and the governing documents

Texas's specific procedures, notice periods, and lien priority rules are set by Texas Residential Property Owners Protection Act (Tex. Prop. Code Ch. 209) and the association's governing documents. Boards should consult legal counsel before initiating collection actions.

Fines and Enforcement

Most Texas HOAs can impose fines for rule violations, but procedural requirements must be followed. In general:

• The homeowner must receive written notice of the alleged violation
• There must be an opportunity to cure the violation or be heard before a fine is imposed
• Fine amounts must be established in the community's schedule of fines (typically in the rules and regulations)
• Fines may be collected as assessments and, if unpaid, can become part of an assessment lien

How Software Helps Texas Boards Stay Compliant

The procedural requirements under Texas HOA law - notice before fines, member record access, financial transparency - are exactly what good HOA software automates:

• Violation notices are timestamped and logged automatically, creating the audit trail Texas law requires
• Payment history is visible to residents in their portal, satisfying member record access rights
• Financial reports can be generated and shared with members on demand
• Document storage keeps governing documents accessible to all members at any time

Frequently Asked Questions: HOA Law in Texas

What notice and cure process does Texas law require before an HOA can fine a homeowner?

Under Texas Property Code § 209.006, a Texas HOA must provide a homeowner with written notice of an alleged violation and at least 30 days to cure the violation (or a reasonable time if 30 days is insufficient) before imposing a fine. The HOA must also give the homeowner an opportunity to appear before the board to present their case. These notice-and-cure requirements are among the most detailed in the country.

Can a Texas HOA foreclose on a home for unpaid dues?

Yes, but Texas law imposes significant procedural requirements. Under Texas Property Code § 209.0092, a Texas HOA must obtain a court judgment before foreclosing on a homestead property if the only debt is unpaid regular or special assessments. For non-homestead properties, non-judicial foreclosure may be available if the declaration allows it. Texas requires multiple written notices and waiting periods before any foreclosure can proceed, giving homeowners substantial opportunity to resolve the debt.

Are Texas HOA management companies required to be licensed?

Yes. Texas Property Code Chapter 1101 requires HOA management companies and their designated employees who manage communities of 14 or more units to hold a real estate license issued by the Texas Real Estate Commission (TREC). This licensing requirement ensures that professional managers meet baseline education and competency standards and are subject to TREC disciplinary authority if they violate state law. It is one of the few such requirements in the country.

What can a Texas HOA not prohibit?

Texas Property Code §§ 202.010-202.019 prohibit HOAs from restricting display of the US flag, religious symbols on the exterior of a home, certain security measures including security cameras and keypad entry, and children's play equipment. HOAs may regulate the manner of display but cannot ban these uses outright. These homeowner rights protections reflect the Texas legislature's view that HOA authority should not extend to certain personal and patriotic expressions.

Does Texas require HOAs to maintain financial reserves?

Texas does not require planned community HOAs to maintain a reserve fund by state statute. Reserve funding is a matter of good governance rather than legal obligation in Texas. Given the significant infrastructure in many large Texas HOA communities -- streets, pools, lakes, landscaping -- financial advisors strongly recommend reserve studies and adequate reserve funding to avoid large special assessments.