Texas guide
Texas HOA document review
Texas homeowners' associations are governed by Chapter 209 of the Texas Property Code — the Residential Property Owners Protection Act — a statute that is materially different from the condominium rules in Chapter 82. If you are buying a home in a planned community rather than a condominium building, Chapter 209 sets the disclosure rules, the lien procedures, and the open-meeting obligations you need to understand.
Risk Intelligence
Get Your Free Condo Risk Report
Expert Matching
Need a real estate lawyer or mortgage specialist?
Several 2023 legislative reforms also changed how Texas HOAs handle funds, tenant policies, and lien notices.
Chapter 209 vs. Chapter 82 — why the distinction matters
In Texas, condominiums and single-family HOA communities operate under separate statutes with different obligations and different remedies. Chapter 209 governs planned residential communities where homeowners own their lots individually. Chapter 82 governs condominiums where owners hold unit interests in a larger structure. Buyers in master-planned subdivisions, townhome communities, and single-family HOA neighborhoods are in Chapter 209 territory. The disclosure mechanics, resale certificate requirements, and lien enforcement rules differ substantially between the two chapters, and conflating them leads to missed obligations.
HOA resale certificate — what it must include
Under Chapter 209, a seller must provide the buyer with a resale certificate from the association. The certificate must disclose current regular and special assessment amounts, any violations on the property, the association's current budget, the reserve fund balance, outstanding litigation, and contact information for the management company or board. Unlike the condominium resale certificate (capped at $375 under SB 711), the fee cap and exact statutory form for Chapter 209 resale certificates differ — verify the current cap in the certificate you receive and compare it to the disclosure the seller provides.
2023 legislative updates you need to know
Three bills from the 88th Legislature (2023) changed the Chapter 209 landscape. House Bill 614 introduced new security-of-funds rules requiring HOAs to maintain adequate financial controls and prohibiting certain self-dealing by board members or managers. House Bill 886 added a requirement for three separate lien-related notices before an HOA can foreclose on a lien — a procedural protection for owners. House Bill 1193 prohibited HOA and condominium associations from adopting rental or tenant approval policies that discriminate based on the source of funds (including housing assistance). If the association's rules predate 2023, confirm they have been updated to comply.
Open meetings and notice obligations
Chapter 209 requires HOA board meetings to be open to members, with certain exceptions for executive sessions covering legal matters, contracts, or personnel. Notice of meetings must be posted in a conspicuous place in the community (or on the association's website if it maintains one) at least 72 hours in advance for regular meetings. Special assessments must be approved at a properly noticed open meeting. Review the last 12 months of meeting minutes to verify the association is following notice procedures — a pattern of improperly called meetings or unannounced special assessments is a serious governance warning.
What makes Texas HOA disclosure different from Florida
Florida's condominium and HOA disclosure regime is among the most prescriptive in the country, requiring Structural Integrity Reserve Studies for older buildings, mandatory reserve funding, and detailed financial disclosures tied to the Florida Condominium Act. Texas takes a more hands-off approach: no reserve study mandate, no minimum reserve funding level, and Chapter 209 governance that defers heavily to the association's own governing documents. This means the quality of a Texas HOA's financial management is not validated by state law — it depends on the board's discretion. Your review of the documents is your only real due-diligence mechanism.
Documents to request for a Chapter 209 HOA
Request the declaration of covenants, conditions, and restrictions (CC&Rs), the bylaws, all rules and regulations, the current annual budget, the most recent financial statements, the reserve fund balance (if any exists), and the last 12 months of board meeting minutes. Also ask for the management contract if a third-party company runs the association, and confirm the company is in good standing. If the community has a website, check whether governing documents are posted. Although the SB 711 website mandate applies specifically to condominiums with 60 or more units, many larger HOAs maintain websites voluntarily.
Texas legal references
- Texas Property Code Chapter 209 — Residential Property Owners Protection Act
- HB 614 (88th Legislature, 2023) — HOA financial controls
- HB 886 (88th Legislature, 2023) — Three-notice lien requirement
Informational only. Not legal advice. Always confirm against current statute and counsel.
Need help applying these Texas statutes to your specific situation? We can connect you with state-licensed counsel and specialists familiar with this exact regulatory environment.
Find a Texas specialist →Reviewer's checklist
- Confirm the community is governed by Chapter 209 (HOA) rather than Chapter 82 (condo)
- Request and review the full resale certificate including assessment amounts and reserve balance
- Obtain CC&Rs, bylaws, all rules and regulations, and current budget
- Review the last 12 months of board meeting minutes for notice compliance and special assessment approvals
- Verify the association's financial controls comply with HB 614 (2023) security-of-funds requirements
- Confirm the association's lien and foreclosure procedures reflect the three-notice requirement from HB 886
- Check that tenant and rental policies comply with the anti-discrimination rules in HB 1193
- Ask whether a reserve fund exists, its current balance, and what percentage of dues are contributed
- Request the management company contract and verify the company's credentials
- Look for any pending or recent litigation against the association or developer
Want this same review on your actual documents? We do it free, with page citations you can verify.
Get My Free Risk Report →Risk Intelligence
Get Your Free Condo Risk Report
Upload condo or HOA documents for a free risk review. We read reserve studies, budgets, meeting minutes, insurance summaries, and assessment exposure — every finding linked to the exact page.
Expert Matching
Need a real estate lawyer or mortgage specialist?
We can connect you with vetted real estate lawyers, mortgage brokers, and insurance brokers familiar with the specifics of condo and HOA transactions.
- HOA lawyer
- Mortgage broker
- Insurance broker
Related risk areas
Read these next to round out your due diligence
Condo Resale Certificate Review
In Texas, a resale certificate is the statutory document that gives a prospective condo or HOA unit buyer a snapshot of the association's financial and legal standing at the moment of sale.
HOA Fee Analysis
Monthly HOA and condo fees are a fixed ownership cost that compounds over your entire holding period.
HOA document review
An HOA document review reads the full association document set — declaration or deed restrictions, CC&Rs, bylaws, resale or disclosure certificate, current budget, audited financials, meeting minutes, and any enforcement history — and surfaces the items that actually affect your ownership cost, your usage rights, and your exposure to surprise assessments.
FAQ
Frequently asked questions
Risk Intelligence
Get Your Free Condo Risk Report
Upload condo or HOA documents for a free risk review. We read reserve studies, budgets, meeting minutes, insurance summaries, and assessment exposure — every finding linked to the exact page.
Expert Matching
Need a real estate lawyer or mortgage specialist?
We can connect you with vetted real estate lawyers, mortgage brokers, and insurance brokers familiar with the specifics of condo and HOA transactions.
- HOA lawyer
- Mortgage broker
- Insurance broker