Texas • Special assessment notice
Did your Texas condo just hit you with a special assessment — and is it even capped?
Texas gives condo boards a lot of latitude and owners very little statutory backstop. There's no state agency overseeing associations, no reserve mandate, and no cap on assessments — so a special assessment here lands harder than in most states.
The short answer
In Texas, your condo board can levy a special assessment without an owner vote unless your declaration says otherwise, and there's no statutory cap (Tex. Prop. Code § 82.102). Because Texas doesn't require reserves at all, assessments are how most big repairs get funded. CondoSignal reads your notice and resale certificate against Texas law to tell you whether it's routine or a red flag. Free.Texas at a glance
Owner vote required?
Per declaration
No statutory default vote; the board may levy unless your CC&Rs require approval.
Assessment cap
None by statute
Only the declaration may cap it (§ 82.102).
Reserves required
No
No reserve study or funding mandate — so specials fill the gap.
Borrowing vote
67% owners
Unless the declaration provides otherwise.
Lien priority
Junior to 1st mortgage
Texas is not a super-lien state.
Who can levy it — and the missing cap
Under Tex. Prop. Code § 82.102 a condo board can levy assessments for common expenses, and nothing in the statute caps how large a special assessment can be. The only limits are in your declaration, which may require an owner vote above a threshold or for capital projects. If the board wants to borrow to spread a big repair over time, that generally needs 67% owner consent unless the declaration says otherwise.
Why Texas assessments are so common
Texas mandates no reserve study and no reserve funding — many associations run on cash budgets with little set aside. That makes special assessments the default tool when a roof, a hail claim, or storm damage hits. The § 82.157 resale certificate is the tell: it must disclose unpaid special assessments and any capital expenditures the board approved for the next 12 months, which usually signals an assessment forming.
Is yours a red flag?
Watch for an assessment that reflects no reserves rather than a one-time project, a wind/hail deductible so high the repair triggers a per-owner charge, or a stale resale certificate that hid an approved capital project. Texas associations can foreclose on unpaid assessments through nonjudicial (power-of-sale) foreclosure relatively quickly, though the association's lien sits behind the first mortgage — so post-assessment delinquency is worth watching.
Your rights in Texas
As a Texas condo owner you're entitled to a resale certificate (§ 82.157) that discloses unpaid and approved special assessments, and — if it wasn't delivered before you signed — a 6-day window to cancel the purchase (§ 82.156). HOA owners under Chapter 209 are entitled to a payment plan of at least three months on delinquent amounts. There's no state regulator, so enforcement runs through the courts. None of this is legal advice — confirm against the current statute and Texas counsel.
What to check
- Read your declaration for any owner-vote threshold on special assessments.
- Pull the § 82.157 resale certificate and look for approved 12-month capital expenditures.
- Ask whether the association funds reserves at all.
- Check the wind/hail deductible and whether it triggers a per-owner charge.
- Confirm whether borrowing (and a 67% vote) is involved.
- Watch delinquencies — nonjudicial foreclosure can move quickly here.
Sources
- Tex. Prop. Code § 82.102 — powers; borrowing; 67% vote(High)
- Tex. Prop. Code § 82.157 — resale certificate disclosures(High)
- Tex. Prop. Code § 82.113 — association's lien (no super-lien)(High)
Educational only — not legal, financial, or engineering advice. Confirm against the current statute and, where it matters, a Texas-licensed professional.
Related guide
Texas special assessments — the full guide →This page answers what to do right now. For how special assessments works in Texas — the law, the process, and what to check before you buy or sell — read the full state guide.
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“The board approved a $15,000-per-unit special assessment for façade repairs, payable over 12 months.”
Source: Board meeting minutes, p. 12 — quoted and linked in your report so you can verify it in seconds.
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