Not legal advice
This guide is general information for Texas community associations, based on the cited statutes as of the last-reviewed date. It is not legal advice — statutes change and your recorded declaration and bylaws control the specifics. Consult a licensed Texas attorney for your situation.
Which statutes govern Texas associations
The Texas Residential Property Owners Protection Act, Tex. Prop. Code §§209.001–209.017, governs subdivision property owners' associations. It is a protections statute: it constrains how the association may fine, meet, withhold records, and foreclose, regardless of what the deed restrictions say.
Condominiums created after January 1, 1994 are governed by the Texas Uniform Condominium Act, Tex. Prop. Code Chapter 82 (with some provisions reaching older regimes). Chapter 202 additionally voids covenants that prohibit certain protected uses — solar devices (§202.010), drought-resistant landscaping and rain barrels (§202.007), flags (§202.011), and religious displays (§202.018).
Open board meetings, elections, and voting
Tex. Prop. Code §209.0051 requires open board meetings with at least 144 hours' (6 days') posted or emailed notice for regular meetings, an agenda, and limits on what may be decided in executive session.
Election or vote notice must be given at least 10 and no more than 60 days in advance (§209.0056). Every owner is entitled to vote (§209.00592) — in associations of 15 or more lots, voting rights for board elections cannot be conditioned on dues status — and electronic and absentee ballots are authorized. For condominiums, board meetings must be open to unit owners with agenda notice under §82.108.
Fines, hearings, and records access
Before fining, suspending privileges, or charging for property damage, the association must send written notice describing the violation, give at least 30 days to cure (for curable violations), and offer a hearing before the board (Tex. Prop. Code §§209.006–209.007).
Members may examine association books and records after a written request (§209.005), and associations with 15 or more lots must adopt records-production and retention policies.
Assessments, liens, and foreclosure limits
Payment-plan guidelines are mandatory for associations with more than 14 lots (Tex. Prop. Code §209.0062), and an HOA may not foreclose its assessment lien on fines-only debt or without a court order — foreclosure requires the expedited judicial process of §209.009.
Condominium associations may levy assessments and charge interest and reasonable late fees under §82.112; the condominium assessment lien may be foreclosed judicially or nonjudicially per the declaration, but never for fines alone.
Common questions about Texas HOA law
Can a Texas HOA fine me without warning?
No. The association must send written notice describing the violation, give at least 30 days to cure a curable violation, and offer a hearing before the board first (Tex. Prop. Code §§209.006–209.007).
How much notice do Texas HOA board meetings require?
At least 144 hours (6 days) of posted or emailed notice for regular open board meetings, with an agenda (Tex. Prop. Code §209.0051).
Can a Texas HOA foreclose over fines?
No — an HOA may not foreclose its assessment lien on fines-only debt, and any foreclosure requires a court order under the expedited judicial process (Tex. Prop. Code §209.009).
Can a Texas HOA ban solar panels or rain barrels?
No. Tex. Prop. Code §202.010 voids covenants prohibiting solar energy devices (with narrow exceptions), and §202.007 protects drought-resistant landscaping and rain-harvesting systems. Associations may impose reasonable regulations but not effective prohibitions.