Texas HOA Laws Explained: Homeowner Rights & Board Obligations

Texas HOA law is primarily governed by the Texas Property Code, Chapters 201-215, formally titled "Property Owners' Associations." This statute is notably homeowner-protective while allowing significant HOA flexibility, reflecting Texas's property rights philosophy.

Core Statutory Framework

• §209.001 — §209.003 — Definitions and statutory purposes (protect homeowner rights while allowing HOA governance)
• §209.006 — Notice and cure requirements for violations
• §209.007 — Hearing rights and fine procedures before enforcement
• §209.009 — Foreclosure restrictions (only assessment liens, not fine-only liens)
• §209.0051 — Open meeting requirements and agenda posting
• §209.012 — Homeowner record access rights
• §209.016 — Solar panel protection (cannot be prohibited)
• §209.00505 — Protected rights (flags, religious items, political signs)

Recent amendments by House Bill 886 (2023) and House Bill 614 (2023) have significantly strengthened homeowner protections by requiring two-notice foreclosure procedures, mandatory dispute resolution, and board training requirements.

Texas law explicitly grants homeowners comprehensive rights that HOAs cannot eliminate or reduce. These rights are foundational protections that override restrictive CC&Rs.

Record Access Rights (§209.012)

You have the absolute right to inspect and copy HOA records:

• Reasonable time period — HOA must provide access within reasonable timeframe (typically interpreted as 10-14 days)
• No "proper purpose" requirement — You don't need to justify why you want records
• Financial records — All books, records, and financial statements must be available
• Meeting minutes — Board meeting minutes must be provided within 30 days
• Enforcement records — Records of violations and enforcement actions must be available
• Reasonable copying costs — HOA can charge actual cost but not research fees

Protected Activities You Cannot Be Fined For

Texas Property Code explicitly prohibits HOA restrictions on:

Flags and Political Expression (§209.00505)

• Display of U.S. flag or Texas flag
• Display of military service flags
• Display of political signs (reasonable size and location restrictions allowed, but cannot be prohibited)
• HOA can regulate placement and size but cannot ban entirely. See our detailed guide on political signs and ring doorbells.

Religious Items (§209.00505)

• Display of religious flags or symbols at property entrance
• Religious decorations (cannot be prohibited)
• HOA can impose reasonable size/placement restrictions but cannot ban entirely

Solar Panels (§209.016)

• Cannot be prohibited — HOA cannot restrict solar panel installation. See our detailed blog post on solar panels.
• HOA can require reasonable aesthetic standards (panels behind roof line if possible, etc.)
• HOA cannot impose unreasonable fees for solar installation
• You have the right to install solar regardless of CC&R restrictions

Vehicles (Reasonable Restrictions)

• HOA can restrict commercial vehicles actively engaged in business
• Personal vehicles (even if used for work) cannot be banned from driveway
• Work trucks, contractor vehicles on driveway are permitted

Meeting Attendance and Voting Rights

• Right to attend all open meetings — Board meetings must be open to members except for attorney-client privileged sessions
• 48-hour notice requirement — Regular board meetings require at least 48 hours' notice
• Agenda posting — Agenda must be available 72 hours before meeting (under §209.0051)
• Right to speak — Reasonable time to address the board on matters of concern
• Voting rights — Vote on all matters including budget approval, special assessments, board elections
• One lot, one vote — Standard voting (unless governing documents specify otherwise)

Texas law imposes specific obligations on HOA boards. Understanding these obligations gives you leverage when boards fail to comply.

Notice and Cure Requirements (§209.006)

Before imposing any fine, the board must:

• Provide written notice describing the alleged violation
• Allow minimum 30 days to cure for architectural violations
• Allow "reasonable time" to cure for other violations (typically 14-30 days)
• Provide specific, not vague, description of what action is required to cure

Hearing Requirement Before Fining (§209.007)

The board must provide notice of opportunity to be heard before imposing any fine:

• Notice must include opportunity to present evidence and witnesses
• Hearing can be conducted by board, committee, or hearing officer
• Homeowner must have chance to respond to allegation
• Decision must be made by impartial authority (though not required to be independent of board)
• No fine can be imposed without this hearing

Foreclosure Restrictions (§209.009)

The board can only foreclose liens for unpaid ASSESSMENTS, not fines:

• Assessment liens can be foreclosed — Regular HOA fees that fund operations
• Fine-only liens cannot be foreclosed — Fines for violations cannot result in home loss (though HB 886 modified this slightly for violations remaining uncured after two-notice procedure)
• Even if a fine is imposed, foreclosure is restricted and requires two-notice procedure plus 90-day waiting period under HB 886
• HOA cannot combine unpaid fines with assessments to reach foreclosure threshold

Payment Priority (§209.00505)

If you make partial payments to the HOA, they must be applied in this order:

• First to assessments (HOA fees)
• Then to assessment-related costs (attorney fees, court costs for assessment collection)
• Last to fines and fine-related costs

The HOA cannot redirect your payment to fines if assessments are owed. This protects homeowners from losing homes over unpaid fines while assessments remain uncollected.

Open Meeting Requirements (§209.0051)

All board meetings must be open and properly noticed:

• 72-hour agenda posting — Agenda must be available 72 hours before meeting (not 48 hours)
• Open meetings — Board cannot hold closed-door meetings except attorney-client privileged sessions
• Minutes recorded — Official minutes must be kept and provided to homeowners
• Reasonable notice — Homeowners must be notified of meeting date, time, location, and agenda in advance

Board Member Training (HB 614, Effective January 1, 2024)

Beginning January 1, 2024, all board members must complete educational training:

• State-approved courses covering Property Code requirements, governance, and fiduciary duties
• New board members must complete within 12 months of taking office
• Continuing board members must complete every 2 years
• Failure to comply may make the board member's service invalid

Ask your board members whether they've completed required training. If not, you can challenge the validity of their decisions.

Things Your Board CANNOT Do

• Cannot retaliate for complaints, record requests, or assertion of rights
• Cannot discriminate based on race, religion, disability, family status, or other protected categories
• Cannot restrict protected activities (flags, solar, religious items, political signs)
• Cannot fine without hearing (violates §209.007)
• Cannot circumvent cure period (violates §209.006)
• Cannot foreclose fines without two-notice procedure and 90-day waiting period (violates HB 886)
• Cannot skip dispute resolution (violates HB 614)

Texas has recently passed sweeping reforms to HOA law, significantly strengthening homeowner protections. These changes represent a fundamental shift in the state's approach to HOA enforcement and foreclosure.

HB 886 (Effective September 1, 2023) — The Two-Notice & 90-Day Foreclosure Protection

HB 886 fundamentally reformed when and how HOAs can foreclose by requiring a two-notice procedure and mandatory 90-day waiting period.

Key HB 886 Protections

1. Two-Notice Requirement (§209.006)

• First notice: Written notice of violation with description, rule violated, and cure period
• Second notice: Sent if first notice violation not cured, stating that foreclosure will follow
• Only after second notice can foreclosure process begin
• Prevents HOAs from moving quickly from single notice to foreclosure

2. Mandatory 90-Day Waiting Period (§209.009)

• After second notice, HOA must wait minimum 90 days before filing lien or foreclosure
• Homeowner can cure violation at ANY time during 90 days to stop foreclosure
• Homeowner has 90+ days to negotiate, settle, or pursue mediation
• Dramatically extends timeline from notice to potential property loss

3. Assessment vs. Fine Distinction (§209.009)

• HOAs can foreclose for unpaid ASSESSMENTS (regular HOA fees)
• Foreclosure for fines is severely restricted and requires two-notice + 90-day procedure
• Protects homeowners from losing homes due to discretionary fines

HB 614 (Effective January 1, 2024) — Enhanced Homeowner Protections & Board Training

HB 614 is a comprehensive reform addressing governance, dispute resolution, and homeowner rights.

1. Mandatory Dispute Resolution (§209.008)

• HOA must attempt dispute resolution before initiating foreclosure
• Process includes HOA-level review (60 days) followed by mediation (45 days) if needed
• Requires good faith negotiation on violation validity, fine amount, and settlement
• Provides substantial time and process before foreclosure

2. Board Member Training Requirements

• All board members must complete state-approved educational courses
• New members: within 12 months of taking office
• Continuing members: every 2 years
• Courses cover Property Code requirements, governance, fiduciary duties
• Failure to complete makes board member's service potentially invalid

3. Management Certificate Requirements (SB 1168, also 2023)

• Requires property managers to obtain TDLR management certificate
• Managers must comply with Property Code §207 standards
• Creates regulatory oversight of management companies
• Enables complaints to TDLR for management violations

4. Enhanced Record Access & Financial Transparency

• Homeowners have clear right to inspect and copy official records
• Financial statements and meeting minutes must be readily available
• Enforcement records and violation history must be accessible
• HOAs cannot use privacy claims to deny homeowner access

5. Covenants Restrictions (Age Restrictions Prohibited)

• HOAs cannot enforce age-restricted covenants in some circumstances
• Protects younger families from discriminatory restrictions
• Specific rules apply based on development date and exemptions

Texas law requires that if you make partial payments to your HOA, payments must be applied in a specific priority order. This protects homeowners from having partial payments diverted to fines while assessment liens grow.

Required Payment Priority Order (§209.00505)

1. Regular assessments (HOA fees) — Monthly or annual fees that fund HOA operations, maintenance, and reserves
2. Assessment-related costs — Attorney fees, court costs, and collection costs associated with assessment liens
3. Fines and fine-related costs — Disciplinary fines and any associated late fees, attorney costs, or interest

Why This Matters

• HOA cannot use your payment to reduce fines while assessments remain owed
• Protects you from artificially inflating assessment debt while fines are prioritized
• Ensures that your payment goes toward the debt most likely to result in lien/foreclosure (assessments)
• Prevents HOAs from strategically applying payments to increase fine balances

Example Scenario

You owe:

• $500 in unpaid monthly assessments
• $200 in fines for violation
• Total: $700 owed

You send $400 payment. Under §209.00505 priority rules:

• $400 MUST be applied to unpaid assessments first
• Assessment balance becomes $100; fine balance remains $200
• HOA cannot apply $400 to fines instead, leaving $500 assessment debt unpaid