Texas HOA Laws 2026: 7 Homeowner Protections Now in Effect
Seven Texas HOA laws are now fully in effect in 2026 — covering solar panels, drought fines, political gatherings, electronic voting, website transparency, and architectural review rights. Here's what the law says and how to use it to fight back.
Texas overhauled its HOA laws — and most homeowners still don't know it. Seven significant bills passed during the 89th Texas Legislative Session and took effect in 2025, and all are fully in force today, creating new protections for solar panel owners, homeowners facing drought fines, residents who want to hold political gatherings, and more.
If your Texas HOA has fined you, threatened a fine, or denied a request, these laws may give you defenses you didn't know you had. This guide explains all seven changes in plain English, with the exact statute citations you need.
The 7 New Texas HOA Laws: Quick Reference
All seven laws below apply to planned residential communities governed by Texas Property Code Chapter 209 (the main Texas HOA statute). They took effect September 1, 2025, unless noted otherwise. Condominium communities under Chapter 82 are affected by some but not all of these changes.
| Bill | What It Does | Effective |
|---|---|---|
| HB 431 | Expands solar panel protection to include solar roof tiles | May 29, 2025 |
| HB 517 | Bans HOA fines for brown grass during water restrictions (and 60 days after) | Sept 1, 2025 |
| HB 621 | Protects homeowners' right to invite political candidates to common areas | Sept 1, 2025 |
| SB 2629 | Requires HOAs to offer electronic voting as an option | Sept 1, 2025 |
| SB 711 (Part 1) | Larger HOAs must maintain a website with governing documents and fees | Sept 1, 2025 |
| SB 711 (Part 2) | Management certificates must now be filed with TREC (centralized access) | Sept 1, 2025 |
| SB 711 (Part 3) | Architectural review committees must follow formal election procedures | Sept 1, 2025 |
Let's break down each one and explain how it protects you.
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Run My Free Audit →HB 431: Solar Roof Tiles Now Protected Like Solar Panels
Texas has long protected homeowners' right to install solar panels. Before 2025, Texas Property Code § 202.010 prevented HOAs from prohibiting conventional solar panels — but savvy HOA boards had found a loophole: they couldn't ban solar panels, but they could ban "solar roof tiles" (integrated solar tile products like Tesla Solar Roof) because those weren't explicitly mentioned in the statute.
HB 431 closed that loophole. Effective May 29, 2025, the bill amended § 202.010 to include solar roof tiles in the definition of "solar energy device." HOAs in Texas can no longer prohibit, restrict, or effectively prevent the installation of solar roof tiles.
Texas Property Code § 202.010 (as amended by HB 431)
A property owners' association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from installing a solar energy device — including a solar roof tile — on property owned by the property owner. Reasonable restrictions on the placement and appearance of solar energy devices that do not significantly increase the cost or decrease the efficiency of the device are still permitted.
What Your HOA Can (and Cannot) Do Under HB 431
The HOA can still regulate where and how solar roof tiles are installed, as long as the restrictions don't significantly increase cost or decrease efficiency. What the HOA cannot do:
- Deny an architectural review application for solar roof tiles outright
- Require placement that reduces the tile's energy output by more than a minimal amount
- Impose approval conditions that effectively make installation impractical or unaffordable
If your HOA denied your solar roof tile application or imposed conditions that gutted its energy value, that denial may now violate Texas law. Document the denial in writing and cite § 202.010 as amended by HB 431 in your response.
HB 517: No HOA Fines for Brown Grass During Water Restrictions
This is one of the most practically important new laws — especially in Texas, where drought conditions and municipal water restrictions are common. Before HB 517, HOAs regularly fined homeowners for brown or dead grass even when the homeowner's hands were tied by city-mandated watering restrictions.
HB 517 added Texas Property Code § 202.008, which prohibits HOAs from fining homeowners for lawn or vegetation maintenance violations when a municipal or water utility has imposed mandatory residential watering restrictions — and for 60 days after those restrictions are lifted.
Texas Property Code § 202.008 (added by HB 517, effective Sept 1, 2025)
A property owners' association may not assess a fine against a property owner for a violation of a restrictive covenant requiring the property owner to water grass or other vegetation on the owner's property if the violation occurs: (1) during a period in which the owner is subject to mandatory water use restrictions imposed by a municipality or water utility; or (2) within 60 days after such restrictions are lifted. This protection applies to fines based on HOA rules, CC&Rs, or any dedicatory instrument.
How to Use HB 517 If Your HOA Fined You
If you received a fine for brown grass or vegetation during or within 60 days of a water restriction period:
- Locate proof of the water restriction — the municipal website, utility notice, or news coverage. This is your primary evidence.
- Write to your HOA citing Texas Property Code § 202.008 and noting the dates of the restriction vs. the fine.
- Demand withdrawal of the fine — the statute is unambiguous, and HOAs that persist in collecting this fine are in violation of Texas law.
- If the HOA refuses, file a formal hearing request and raise § 202.008 as a complete defense. If necessary, this issue can be taken to small claims court (up to $20,000 in Texas).
HB 621: Your Right to Host Political Gatherings in HOA Common Areas
Texas HOAs have long tried to limit political activity on community property — banning candidate meet-and-greets, restricting use of clubhouses for political gatherings, and blocking government officials from addressing residents. HB 621 puts a hard stop to that.
HB 621 added Texas Property Code § 202.013, prohibiting any property owners' association from adopting or enforcing a restriction that prevents homeowners or residents from inviting government officials or candidates for elected office to speak or meet with association members in the community's common areas.
Texas Property Code § 202.013 (added by HB 621, effective Sept 1, 2025)
A property owners' association may not include or enforce a provision in a dedicatory instrument that prohibits a property owner or resident from inviting a governmental official or a candidate for election to a public office to address or meet with property owners or residents of the property owners' association in the association's common areas. An association may impose reasonable time, place, and manner restrictions on such meetings, provided those restrictions do not effectively prohibit the gathering.
What This Means in Practice
Your HOA can still set reasonable rules for common area use — booking procedures, noise limits, time windows. What the HOA cannot do is use those rules as a pretext to block political gatherings entirely. "You can't use the clubhouse for political events" is now an unenforceable restriction in Texas.
This law pairs with existing political sign protections under Texas law. Texas already restricted HOAs from banning political yard signs; HB 621 extends that protection to gatherings.
SB 2629: HOAs Must Now Offer Electronic Voting
Before SB 2629, Texas HOAs controlled how members voted — and most required in-person attendance or physical paper ballots. This disadvantaged homeowners who work irregular hours, travel frequently, or are elderly. SB 2629 modernized Texas HOA governance by requiring electronic voting as an option.
Under the bill, Texas HOAs and condominium associations must now provide at least one of three voting methods: electronic ballot, absentee ballot, or proxy. Electronic meetings — held via video or teleconference — are also now officially permitted, removing the barrier for homeowners who can't attend board meetings in person.
Texas Property Code Chapter 209 (as amended by SB 2629, effective Sept 1, 2025)
A property owners' association must permit members to vote by at least one of the following methods at any election or vote: (1) electronic ballot submitted through a secure online platform; (2) absentee ballot; or (3) proxy. The association may permit association meetings to be held by electronic means, including videoconference or teleconference, provided that members are given adequate notice and the means to participate.
Why This Matters for Homeowners Fighting Violations
HOA board elections, rule changes, and assessment increases all require member votes. If your board has been making decisions without proper voting procedures — or structuring meetings to minimize participation — SB 2629 gives you grounds to challenge those decisions. Any rule or assessment adopted through an improper vote after September 1, 2025 is procedurally vulnerable.
If your HOA is refusing to allow electronic voting at an upcoming meeting, cite Texas Property Code Chapter 209 as amended by SB 2629 and request written confirmation that at least one alternative voting method will be available.
SB 711 (Parts 1–3): Website Requirements, TREC Filing, and ARC Elections
SB 711 was the most wide-ranging of the 2025 HOA bills, making three distinct changes that improve transparency and accountability across the board.
Part 1: Website Requirement for Larger HOAs
Texas HOAs managing 60 or more units must now maintain an accessible website or online portal containing essential documents: governing documents (CC&Rs, bylaws, rules), current fee schedules, contact information for the board and management company, and meeting minutes from the past two years.
Texas Property Code Chapter 209 (SB 711 — Website Requirement)
A property owners' association that manages 60 or more lots must maintain a website or online portal that is accessible to all members and includes the association's dedicatory instruments, current fee schedules, board and management contact information, and minutes of board meetings from the preceding two years. Documents must be updated within 30 days of any amendment or change.
What this means for you: If your HOA has 60+ homes and doesn't have a compliant website, that's a transparency violation. More importantly, if your HOA is citing a rule you've never seen, the website requirement means they are now obligated to make that rule publicly accessible. Request the specific rule in writing and, if the HOA can't produce it, challenge whether the rule is properly adopted and enforceable.
Part 2: TREC Management Certificate Filing (Centralized Registry)
Previously, management certificates (the document every Texas HOA must file disclosing its fees, fines, and governing contacts) only needed to be filed with the county clerk. SB 711 now requires dual filing — county clerk and the Texas Real Estate Commission (TREC) — creating a centralized statewide registry of HOA information.
The practical benefit: if your HOA has not filed a current management certificate with TREC, state law prohibits the HOA from collecting attorney fees or charging interest on delinquent assessments until the certificate is properly filed. This is a powerful defense if your HOA is threatening legal costs on top of a fine.
Texas Property Code § 207.006 (as amended by SB 711)
A property owners' association must file its management certificate with the county clerk of each county in which the subdivision is located AND electronically with the Texas Real Estate Commission within seven days of the original filing or any amendment. An association that has not filed a current management certificate with TREC may not collect attorney fees or assess interest on delinquent assessments until the deficiency is cured and a compliant certificate is on file.
Part 3: Architectural Review Committee Elections
Architectural Review Committees (ARCs) make decisions that directly affect homeowners — approving or denying paint colors, fences, additions, and landscaping changes. Yet before SB 711, ARC members were often hand-picked by the board with no homeowner input. That changes for larger HOAs.
For HOAs with more than 40 lots, SB 711 requires that ARC vacancies be filled through a formal candidate solicitation process similar to board elections. The association must provide at least 10 days' notice of any open ARC position and accept member applications before the board makes any appointment.
If your architectural request was denied by an ARC whose members were not properly elected or appointed under this new process, the committee's authority is procedurally questionable — and that's a defense worth raising at a hearing.
How to Use These New Laws to Fight Your Texas HOA Fine
Knowing the law is step one. Using it effectively is step two. Here's the exact process for Texas homeowners who want to challenge a fine or enforcement action using the 2025 protections.
Step 1: Identify Which Law Applies to Your Situation
Match your violation to the relevant statute:
- Solar panel or solar roof tile denial → Texas Property Code § 202.010 (HB 431)
- Brown grass / dead lawn fine during drought → Texas Property Code § 202.008 (HB 517)
- Political gathering blocked in common area → Texas Property Code § 202.013 (HB 621)
- Improper voting or meeting procedures → Texas Property Code Ch. 209 (SB 2629)
- HOA claiming attorney fees or interest without TREC filing → Texas Property Code § 207.006 (SB 711)
- ARC denial without proper election process → Texas Property Code Ch. 209 (SB 711 ARC provision)
Step 2: Request the HOA's Evidence in Writing
Send a written request to the HOA board asking for: (1) the specific CC&R provision violated, (2) the evidence the board relied on, and (3) confirmation of what hearing rights you have. Under Texas Property Code § 209.006, your HOA must give you written notice of a violation and an opportunity to cure it before fining you. If the HOA skipped either step, the fine is procedurally defective regardless of the 2025 laws.
Step 3: Send a Dispute Letter Citing the Statute
Write a formal dispute letter to the board that:
- States the fine you received and the date
- Cites the specific Texas statute that protects you (e.g., "Under Texas Property Code § 202.008 as amended by HB 517, effective September 1, 2025, your HOA may not fine me for lawn maintenance violations during or within 60 days of the municipal water restrictions in effect from [date] to [date]")
- Demands withdrawal of the fine within 14 days
- States that if the fine is not withdrawn, you will request a hearing and pursue small claims court if necessary
Step 4: Request a Hearing
Under Texas Property Code § 209.007, you have the right to a hearing before your HOA board before any fine is imposed. At the hearing, present your statute citation, evidence (water restriction dates, documentation of your solar tile application, etc.), and any documentation of selective enforcement against you specifically.
Step 5: Texas Small Claims Court ($20,000 Limit)
Texas Justice of the Peace courts handle HOA disputes up to $20,000 — one of the highest small claims limits in the country. If the HOA refuses to drop an improper fine after a hearing, you can file a claim. Texas courts have consistently ruled that HOA enforcement actions must comply with state law, including the 2025 amendments. A fine that violates § 202.008 or § 202.010 is not just unfair — it's illegal under state law.
Frequently Asked Questions
When did the new Texas HOA laws take effect?
Most of the 2025 Texas HOA laws took effect September 1, 2025 — including HB 517 (drought fine ban), HB 621 (political gatherings), SB 2629 (electronic voting), and SB 711 (transparency and TREC filing). HB 431 (solar roof tiles) took effect earlier, on May 29, 2025. All of these laws are currently in force and apply to your HOA today.
Can my Texas HOA still fine me for dead grass in 2025?
It depends on whether you were under a water restriction. Under Texas Property Code § 202.008 (HB 517, effective September 1, 2025), your HOA cannot fine you for failing to maintain grass or vegetation during a period of mandatory residential water restrictions imposed by your municipality or water utility — and for 60 days after those restrictions are lifted. Outside of water restriction periods, the HOA retains its general enforcement authority over lawn maintenance under your CC&Rs.
My Texas HOA denied my solar roof tile application. Is that legal under the new law?
No. HB 431, which took effect May 29, 2025, expanded Texas Property Code § 202.010 to include solar roof tiles in the protected definition of "solar energy device." Texas HOAs cannot prohibit or effectively prevent the installation of solar roof tiles. The HOA may impose reasonable restrictions on placement or appearance, but only if those restrictions do not significantly increase cost or decrease efficiency. An outright denial of a solar roof tile application is unenforceable under current Texas law. Cite § 202.010 in writing to your board and demand they rescind the denial.
What is the TREC management certificate requirement and how does it help me?
Under Texas Property Code § 207.006 as amended by SB 711 (effective September 1, 2025), Texas HOAs must now file their management certificate — the document disclosing the HOA's fees, fines, and key contacts — with both the county clerk AND the Texas Real Estate Commission (TREC). If your HOA has not filed a current, compliant certificate with TREC, state law prohibits the HOA from collecting attorney fees or charging interest on delinquent assessments until the deficiency is cured. If your HOA is threatening legal fees on top of a fine, ask for proof of their current TREC filing. If they can't provide it, those fees may be unenforceable.
Does my Texas HOA have to offer electronic voting after September 2025?
Yes. Under SB 2629 (effective September 1, 2025), Texas HOAs must permit members to vote using at least one of the following methods at any association election or vote: electronic ballot, absentee ballot, or proxy. The HOA cannot structure meetings in a way that forces in-person-only participation. If your HOA is holding a vote on rule changes or assessments and refusing to offer any of these alternatives, that vote may be procedurally invalid under the current law.
Can my HOA reject my architectural review application because the ARC wasn't properly elected?
This is an emerging issue under SB 711. For HOAs with more than 40 lots, the new law requires that ARC member vacancies be filled through a formal solicitation process with at least 10 days' public notice, giving homeowners the chance to apply before the board makes any appointment. If your ARC was composed of board hand-picks without this process, the committee's appointments may not comply with the new law. While courts are still working through the implications, an improperly constituted ARC is a legitimate procedural issue to raise at an HOA hearing or in a legal challenge to an architectural denial.
Where can I learn more about Texas HOA law and my specific rights?
The primary resource is Texas Property Code Chapter 202 (general restrictions) and Chapter 209 (planned communities). For condominiums, Chapter 82 applies. The Texas Real Estate Commission (trec.texas.gov) maintains the management certificate registry and publishes HOA resources. Our Texas state guide at FixMyHOAViolation.com covers fine limits, notice requirements, hearing rights, and dispute steps specific to Texas — and our free AI audit can analyze your specific violation against current Texas law.
Related Violation Guide
For a comprehensive overview of state hoa laws violations including your rights, common violations, and sample response letters, visit our dedicated guide.
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