Texas HOA laws

Texas HOA and Condo Laws, in Plain English

Texas has 4 statutes that govern community associations: Uniform Condominium Act, Condominium Act, Disclosure of Information by Property Owners' Associations, and Residential Property Owners Protection Act. Here is what each covers, who it applies to, and the rules that come with a sale, with a link to the official text of every one.

A summary for boards and owners, not a substitute for the statute or your attorney. Every act links to its official text, and the association that acts on a rule is responsible for reading it.

The actsWhen a home sellsQuestions

HOA laws

Texas

TX
Uniform Condominium Act Condominium Act Disclosure of Information by Property Owners' Associations Residential Property Owners Protection Act
Resale documentResale Certificate
Fee cap$375 where the statute sets one
Deadline10 days or 10 business days, depending on the governing act
Buyer may cancelNo statutory right tied to this document

The Acts, and Who Each One Covers

Community type decides which act applies, and a community created before an act took effect may still be under the older one. The declaration says which.

Tex. Prop. Code 82 (Uniform Condominium Act)

Condominiums

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.

    Official text
Read Tex. Prop. Code 82 on the state's site

Tex. Prop. Code 81 (Condominium Act)

Condominiums

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.

Read Tex. Prop. Code 81 on the state's site

Tex. Prop. Code 207 (Disclosure of Information by Property Owners' Associations)

HOAs and planned communities

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.

    Official text
Read Tex. Prop. Code 207 on the state's site

Tex. Prop. Code 209 (Residential Property Owners Protection Act)

HOAs and planned communities

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.

Read Tex. Prop. Code 209 on the state's site

When a Home Sells in Texas

Texas law has the association furnish resale certificate to the buyer, under Tex. Prop. Code 207.003. The figures below come from the rules Havn applies to every order.

What Texas calls the resale document
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

The full Texas resale rules, who pays, and how to order are on the Texas resale certificate page. Every state's cap and deadline sit side by side in the fee and deadline table.

Texas HOA Law Questions

Which law governs condominiums in Texas?

Tex. Prop. Code 82 (Uniform Condominium Act) and Tex. Prop. Code 81 (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.

Which law governs HOAs in Texas?

Tex. Prop. Code 207 (Disclosure of Information by Property Owners' Associations) and Tex. Prop. Code 209 (Residential Property Owners Protection Act). 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.

Does Texas cap the fee for a resale certificate?

Yes. The cap is $375 where the statute sets one. The current figure, and the rush and delinquency surcharges where the state allows them, are on the Texas resale page and in the fee table.

How long does a Texas association have to deliver resale certificate?

10 days or 10 business days, depending on the governing act, counted from the request.

Where can I read the Texas statutes?

Each act on this page links to its official text on the state legislature's site. Havn summarizes the law and links to the source rather than restating it.

Nearby States

Oklahoma HOA laws

Resale fee: no fixed dollar cap · no statutory deadline

Louisiana HOA laws

Resale fee: no fixed dollar cap · 10 days

New Mexico HOA laws

Resale fee: $300 · 10 business days

Keep Reading

Guides

Templates

  • HOA Annual Meeting Notice TemplateA free HOA annual meeting notice template: date, place, agenda, the election, quorum, and the proxy or ballot enclosed, written to meet the notice window in your bylaws.
  • HOA Violation Notice TemplateA free HOA violation letter template: the rule cited, what was observed and when, the photo, the cure date, what happens next, and how the owner can respond or request a hearing.
  • HOA Dues Increase and Special Assessment Notice TemplateA free HOA letter template for a dues increase or a special assessment: the new amount and when it starts, why, the payment schedule, how to pay, and where to ask questions.
  • HOA Proxy Form TemplateA free HOA proxy form template: the owner, the home, the proxy holder, the meeting, directed instructions on each item, the expiration, and the signature.

Terms to Know

  • Resale certificateThe disclosure package an HOA or condo association furnishes when a home in the community is sold: what is owed, what is coming, and the documents that govern the home.
  • HOA lienThe association's legal claim on a home for unpaid assessments, created by the declaration and, in most states, by statute.
  • Super lienIn roughly twenty states, a slice of the association's assessment lien that takes priority over the first mortgage, usually a set number of months of assessments.
  • QuorumThe minimum number of owners, or share of the votes, that must be present or represented for a meeting to act.
  • Special assessmentA one-time charge beyond the regular assessment, levied to cover a shortfall or a project the budget and the reserves cannot: a roof, a lawsuit, a storm.

In Havn

  • Self-Managed HOAsEverything a volunteer board needs, for a dollar a home a month.
  • AccountingFund accounting, budgets, bank feeds, payables, and owner statements.
  • CommunicationsMeeting notices, violation letters, and dues notices by email, text, and mail, with delivery logged.

Run a Texas community with the rules built in.

HOA management software with a homeowner portal owners actually use. Resale documents are included; the requester pays for each one.

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