Texas guide
Texas condo and HOA special assessments
Texas places no statewide cap on special assessments that a condo or HOA board can levy. When a major expense — storm repair, infrastructure replacement, deferred maintenance — arrives, the board has broad authority under Chapter 82 or Chapter 209 to approve an assessment and charge every owner their pro-rata share.
Texas resale certificates capture levied assessments only. Discussions in minutes are where future assessments form.
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Texas urgency: Texas resale certificates capture levied assessments only. Discussions in minutes are where future assessments form.
For buyers, the question is not whether a Texas community could issue a large assessment, but whether the signs of one are already visible in the documents.
How Texas law handles special assessment authority
Under Chapter 82 (condominiums) and Chapter 209 (HOAs), the board's authority to levy special assessments flows from the declaration and bylaws rather than from a statutory cap or ceiling. Some declarations require a membership vote for assessments above a certain dollar threshold; others give the board unilateral authority. Read your specific declaration carefully. Boards must follow open-meeting and proper-notice procedures before approving any special assessment, but as long as procedural requirements are met, there is no state-law limit on the amount.
Texas weather as the primary assessment driver
Texas communities face hail storms, tornadoes, and coastal wind events with regularity. A severe hail event can require full roof replacement across dozens of buildings in a master-planned community. Wind damage after a hurricane or tropical storm can exceed master policy limits or trigger a large deductible — often 2 to 5 percent of insured value for named storms. After Hurricane Ike struck Galveston in 2008, many coastal condo associations levied assessments to cover the gap between insurance proceeds and actual repair costs. Similar situations arose in Houston following Hurricane Harvey. Verify whether the association has experienced any weather-related assessment in the prior decade.
Infrastructure age and deferred maintenance
Beyond weather, aging infrastructure is the other major source of unplanned assessments in Texas. Urban high-rises in Houston and Austin have faced costly plumbing, roofing, and structural repair projects that were funded through assessments when reserves were insufficient. The older the building and the thinner the reserves, the higher the probability that a future assessment is already accumulating in the form of deferred maintenance. Ask for the age of the roof, the most recent inspection of any elevators or parking structures, and whether the board has received any engineer or contractor reports on building condition.
How to read the meeting minutes for assessment risk
Board meeting minutes are the best early-warning system for a coming assessment. Look for discussions of vendor bids for large repair projects, conversations about the adequacy of reserves, references to deferred items from prior years, and any mention of insurance claims. An association that has obtained multiple contractor bids for a major repair but has not yet acted is often in the planning stages of an assessment. A pattern of postponing work across multiple years is particularly concerning because it suggests both inadequate reserves and weak board governance.
What the resale certificate tells you about assessments
The resale certificate (required under both Chapter 82 and Chapter 209) must disclose any pending or approved special assessments on the unit and any known assessments under consideration by the board. Read this section carefully. An association is required to disclose assessments it has approved; it may not be required to disclose an assessment that is still in early planning stages. That is why reviewing the meeting minutes independently — rather than relying solely on the resale certificate — gives you a more complete picture.
Negotiating with assessment risk in a buyer's market
As of early 2026, Texas condo inventory is abundant, with months of supply well above six months in major metros and median days on market in the 60-to-70-day range. In that environment, you have real negotiating leverage. If your document review reveals thin reserves, deferred maintenance, or a recent assessment history, you can negotiate a price reduction, ask the seller to escrow funds to cover a potential assessment, or request that the seller pay off any approved but unpaid assessment before closing. Document your findings and put any agreement in writing in the contract.
Texas legal references
- Texas Property Code Chapter 82 — Uniform Condominium Act
- Texas Property Code Chapter 209 — Residential Property Owners Protection Act
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
- Read the declaration to determine whether member approval is required for large special assessments
- Review the resale certificate for any pending or approved special assessments
- Review the last 12 months of board meeting minutes for contractor bids, repair discussions, or reserve adequacy concerns
- Ask the board whether any special assessment has been levied in the prior five years and the per-unit amount
- Identify the age of the roof, elevators, parking structure, and other major common elements
- Calculate the reserve fund balance relative to the estimated cost of deferred or upcoming work
- Review the master insurance policy for wind/hail deductible amounts that would fall on the association
- Ask whether the community has filed any insurance claims in the prior five years and how proceeds were applied
- Confirm the board is following open-meeting and notice requirements for any upcoming votes
- Negotiate a price adjustment or escrow if your review reveals elevated assessment risk
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Risk Intelligence
Get a Free Risk Report on Your Condo or HOA
Free, structured read of what's actually behind a fee change, an insurance renewal, or a pending assessment — with page citations you can verify. No cost, no obligation.
Expert Matching
Want help acting on what you found?
We can connect you with insurance brokers, realtors, and mortgage brokers who can help you respond to what your documents reveal.
- Realtor
- Mortgage broker