Texas
Texas HOA and Condo Resale Certificate: Fees, Deadlines, and How to Order
A resale certificate is the document a title company asks for before a Texas closing. Texas associations must deliver it within 10 days or 10 business days, depending on the governing act. The fee is capped at $375 where the statute sets a cap.
Free for the resale platform. No contract to sign.
Texas Resale Certificate
Example Ranch Owners Association
Regular assessment
$385.00 monthly
Reserve balance
$105,400.00
Fee for this document
$375, the Texas cap
Due to the requester
Within 10 business days
Texas at a glance
- What Texas calls it
- Resale Certificate
- Fee cap
- $375 where the statute sets one
- Delivery deadline
- 10 days or 10 business days, depending on the governing act
- Buyer's right to cancel
- No statutory right tied to this document
Also called: HOA resale certificate, TREC resale certificate, subdivision information. If you were told to get a Texas resale certificate, or a TX resale certificate as closing agents write it, for a home in an HOA or a condominium, this is that document. It has nothing to do with the sales tax resale certificate a retailer files with the state.
What each Texas act sets
Texas has 2 sets of rules, and which one applies depends on how the community was created. Havn asks once which act governs a community, then applies that act's limits to every order.
Tex. Prop. Code 82.157
Uniform Condominium Act. Applies to condominiums.
- Required by statute
- Yes
- Fee
- No fixed dollar cap
- Deadline
- 10 days from the request
- Good for
- 90 days
Tex. Prop. Code 207.003
Disclosure of Information by Property Owners' Associations. Applies to HOAs and planned communities.
- Required by statute
- Yes
- Fee
- $375
- Deadline
- 10 business days from the request
- When the fee is paid
- Payable once the document is prepared, not in advance
- Good for
- 60 days
- If it is late
- Havn removes the fee
Texas HOA laws on resale documents, in plain words
Each entry links to the official text. Read the statute itself before relying on a summary.
Tex. Prop. Code 82 (Uniform Condominium Act)
Governs condominiums in Texas whose declaration was recorded on or after January 1, 1994, and reaches back to cover certain provisions for older condominiums as well. It sets rules for creating, altering, and terminating a condominium regime, for association governance and assessments, and for protecting purchasers, including disclosure of information at resale.
Tex. Prop. Code 82.157 (Resale of unit)
Requires a unit owner reselling a condominium unit to give the buyer current copies of the declaration, bylaws, and rules along with a resale certificate from the association covering the budget, unpaid assessments and fees, reserves, pending claims, insurance, and known violations. The association must furnish the certificate within a set time after a request, and the fee it may charge for doing so is capped.
Tex. Prop. Code 81 (Condominium Act)
The predecessor condominium statute, applying only to condominium regimes created before January 1, 1994; regimes formed on or after that date are governed instead by Chapter 82. It covers creation of a condominium regime by recorded declaration, apartment ownership and boundaries, association management, assessments, insurance, and records, and several of its condominiums are also reached by specific Chapter 82 provisions, including the resale certificate requirement.
Tex. Prop. Code 207 (Disclosure of Information by Property Owners' Associations)
Applies to a residential subdivision with a property owners' association empowered to levy regular or special assessments, and expressly excludes condominium associations governed under Chapters 81 or 82. It requires the association to disclose subdivision restrictions, bylaws, and financial and resale information to owners, buyers, and title companies, sets a fee cap for that service, and gives an owner remedies if the association fails to deliver the information on time.
Tex. Prop. Code 207.003 (Delivery of subdivision information to owner)
Requires a property owners' association to deliver current restrictions, bylaws, and a resale certificate to an owner, buyer, or title company on request, with the certificate covering assessments due, budget, reserves, pending litigation, insurance, violations, and transfer fees. It sets a deadline for delivering the certificate and any update, and caps the fees the association may charge for preparing them.
Tex. Prop. Code 209 (Residential Property Owners Protection Act)
Applies to a residential subdivision property owners' association that can levy assessments and requires mandatory membership for owners, and it does not apply to condominium associations. It governs association powers and conduct generally, including notice and record-keeping, rulemaking and enforcement, fines, assessments and payment plans, foreclosure of assessment liens, board and owner meetings, and recording of a management certificate identifying the association.
The notice Havn prints on every Texas resale certificate
Every Texas document Havn prepares carries a notice that tells the reader where the document comes from and what Texas law says about it. This is the wording, act by act.
Tex. Prop. Code 82.157Condominiums
This resale certificate is furnished under Section 82.157 of the Texas Uniform Condominium Act (Tex. Prop. Code 82.157), signed and dated by an officer or authorized agent of the association, within 10 days of the unit owner's written request, and prepared not earlier than three months before its delivery to the purchaser. The association may not deny the validity of any statement in it. A purchaser, lender, or title insurer who relies on it is not liable for any debt or claim not disclosed in it, and the purchaser is not liable for delinquent sums unpaid on the preparation date that exceed the total stated here. It does not affect the association's right to recover debts or claims that arise or become due after the preparation date, or its lien for future assessments. The information in this document is current as of its issue date.
Tex. Prop. Code 207.003HOAs and planned communities
This resale certificate is furnished under Section 207.003 of the Texas Property Code not later than the 10th business day after the association receives the written request and, for a request made by a purchaser or a purchaser's agent, after the evidence of the requestor's authority is received and verified, prepared not earlier than the 60th day before its delivery, together with current copies of the restrictions, bylaws, and rules. The reasonable and necessary fee for assembling, copying, and delivering this information may not exceed $375 (207.003(c)), may not be processed until the certificate is available for delivery, and may not be charged at all if the certificate is not provided within the time prescribed by Section 207.003(a) (207.003(c-1)). The party who requested this certificate may request an update within 180 days after the date this certificate was issued (207.003(g)). The association must deliver the update not later than the seventh business day after it receives the written update request (207.003(f)), and the reasonable and necessary fee for an update may not exceed $75 (207.003(c)). The property owners' association may not deny the validity of any statement in this certificate. Its lien securing amounts due on the preparation date that are not disclosed here terminates as to those amounts, and a buyer, buyer's agent, owner, owner's agent, lender, and title insurance company and its agent are not liable for any debt or claim existing on the preparation date that is not disclosed here (207.005(a)). This certificate does not affect the association's right to recover debts or claims that arise or become due after the preparation date, or its lien securing future assessments (207.005(b)). The information in this document is stated as of its preparation date.
Texas resale certificate: common questions
What is a Texas resale certificate?
It is what Texas law has the association provide when a home in condominiums and HOAs and planned communities is sold: a statement of what the home owes and of the association's finances, insurance, and rules, under Tex. Prop. Code 82.157 and Tex. Prop. Code 207.003.
How much does a Texas resale certificate cost?
Texas caps the fee at $375 where the statute sets one. Inside the cap, the association or its management company sets the price.
How long does a Texas association have to provide a resale certificate?
10 days or 10 business days, depending on the governing act, counted from the request. In Havn, a Texas document delivered after that deadline carries no fee.
Is a resale certificate required in Texas?
Yes, for condominiums and HOAs and planned communities, under Tex. Prop. Code 82.157 and Tex. Prop. Code 207.003.
Can a buyer cancel after receiving a Texas resale certificate?
Texas law ties no cancellation right to this document. Any right to cancel comes from the purchase contract or from other disclosure laws.
Who pays for the resale certificate in Texas?
Whoever orders it pays the association's fee, usually the seller or the closing agent on the seller's behalf, and the purchase contract can move the cost to the buyer. In Texas the fee is payable once the document is prepared, not in advance.
What is included in a Texas resale certificate?
What the home owes the association, the fees due at closing, the budget and reserves, the insurance the association carries, pending lawsuits, and the governing documents. The full list is in Tex. Prop. Code 207.003.
How do I get a resale certificate in Texas?
Ask the association, or its management company if it has one. Many take the request through an online order page and deliver by email. Once asked, a Texas association has 10 days or 10 business days, depending on the governing act. A buyer should ask the seller or the closing agent to order it.
Is this the same as a Texas sales tax resale certificate?
No. A sales tax resale certificate is a form a retailer gives a supplier so it can buy goods without paying sales tax. It shares a name and nothing else. This page is about the HOA document used when a home is sold.
How Texas compares with its neighbors
Management companies that work across state lines meet a different rule on each side. Texas: $375 where the statute sets one, 10 days or 10 business days, depending on the governing act.
Oklahoma
Resale Package
No fixed dollar cap
No statutory deadline
Not required by statute
Louisiana
Resale Certificate
No fixed dollar cap
10 days
Required by statute
New Mexico
Disclosure Certificate
$300
10 business days
Required by statute
See all 51 jurisdictions on the map, compare every state in the fee and deadline table, or read about lender questionnaires, estoppel letters, and demand letters.
Your next Texas resale certificate could write itself.
The resale platform is free for the association. The requester pays for the document, never more than Texas's $375 cap. No contract to sign.