Which Texas Laws Govern Your HOA or Condo?

Texas spreads community-association law across several chapters of the Property Code, and which ones reach your community depends mostly on whether you own a lot in a subdivision or a unit in a condominium. For your specific situation, a licensed Texas attorney is the right resource. This is general information, not legal advice.

Subdivision HOAs: Chapter 209, the Texas Residential Property Owners Protection Act

Chapter 209 of the Property Code "may be cited as the Texas Residential Property Owners Protection Act" (Tex. Prop. Code § 209.001). It is the main state statute for the typical single-family or townhome HOA, and its reach is defined by § 209.003(a): it "applies only to a residential subdivision that is subject to restrictions or provisions in a declaration that authorize the property owners' association to collect regular or special assessments on all or a majority of the property in the subdivision." Except where the chapter says otherwise, it also applies only to an association that requires mandatory membership for all or a majority of the residential owners (§ 209.003(b)), and the label the documents use does not matter — "homeowners' association," "community association," or similar (§ 209.003(c)).

Within that scope, Chapter 209 addresses:

• Management certificate — the association records a certificate in each county naming the association, its manager or representative, and related details (§ 209.004(a)), and electronically files it with the Texas Real Estate Commission within seven days (§ 209.004(b-1))
• Records — the association "shall make the books and records of the association, including financial records, open to and reasonably available for examination by an owner" (§ 209.005(c)), with a 10-business-day window to respond to a certified-mail request (§ 209.005(e))
• Open board meetings — "Regular and special board meetings must be open to owners," subject to closed executive sessions on listed topics such as personnel, litigation, and enforcement actions (§ 209.0051(c))
• Elections and voting — written notice of an owner vote at a meeting no earlier than the 60th day and no later than the 10th day before it (§ 209.0056(a)); recounts and ballots (§§ 209.0057, 209.0058); and a rule that a dedicatory-instrument provision disqualifying an owner from voting "is void" (§ 209.0059(a))
• Notice and hearing before enforcement — certified-mail notice before a fine, a common-area suspension, and certain other actions (§ 209.006(a)), and an owner's right to request a hearing before the board where the owner is entitled to an opportunity to cure (§ 209.007(a))
• Fines policy — where the documents authorize fines, the board "shall adopt an enforcement policy regarding the levying of fines" (§ 209.0061(b))
• Payment plans — associations of more than 14 lots adopt guidelines for an alternative payment schedule on delinquent amounts, with a minimum term of three months (§ 209.0062(a)–(b)); the association is not required to offer a plan in certain situations, such as a plan running more than 18 months, an owner who defaulted on a prior plan within the past two years, or more than one plan in a 12-month period (§ 209.0062(c))
• Order of payments — payments go first to "any delinquent assessment," with fines near the end of the list (§ 209.0063(a))
• Foreclosure limits — no foreclosure of the assessment lien if the debt consists solely of fines, attorney's fees tied solely to fines, or certain added charges (§ 209.009), and generally a court order first (§ 209.0092(a))

Chapter 202: rules for all restrictive covenants

Chapter 202 is broader than Chapter 209. It "applies to all restrictive covenants regardless of the date on which they were created" (§ 202.002(a)), and its definition of a dedicatory instrument covers a "residential subdivision, planned unit development, condominium or townhouse regime, or any similar planned development" (§ 202.001(1)) — so it reaches condominiums as well as subdivisions.

Chapter 202 sets the ground rules for reading and enforcing covenants. A covenant "shall be liberally construed to give effect to its purposes and intent" (§ 202.003(a)). An association's exercise of discretionary authority "is presumed reasonable unless the court determines by a preponderance of the evidence that the exercise of discretionary authority was arbitrary, capricious, or discriminatory" (§ 202.004(a)), and a court may assess civil damages for a covenant violation "in an amount not to exceed $200 for each day of the violation" (§ 202.004(c)).

It also contains a series of sections limiting what an association may prohibit or restrict, each with its own conditions and exceptions — among them composting, rain barrels, and drought-resistant landscaping (§ 202.007), solar energy devices (§ 202.010), flag display (§ 202.012), religious items (§ 202.018), and standby electric generators (§ 202.019). Since September 1, 2025, § 202.008 also limits fines over brown or discolored turf during a residential watering restriction.

Where your bylaws fit

Texas law treats bylaws as part of the community's dedicatory instruments: the Chapter 202 definition includes "restrictive covenants, bylaws, or similar instruments governing the administration or operation of a property owners' association" and "properly adopted rules and regulations" (§ 202.001(1)). The recording rule follows from that. Under § 202.006, an association "shall file all dedicatory instruments in the real property records of each county in which the property to which the dedicatory instruments relate is located," and "A dedicatory instrument has no effect until the instrument is filed in accordance with this section." An association also may not collect a regular assessment if the instrument authorizing it has not been filed (§ 202.006(c)).

Chapter 209 adds one structural limit in its amendment section, which applies to residential subdivisions whose owners are subject to mandatory association membership (§ 209.0041(b)), with exceptions such as associations subject to Government Code Chapter 552 by application of § 552.0036 (§ 209.0041(c)): "A bylaw may not be amended to conflict with the declaration" (§ 209.0041(i)). And for an association of more than 14 lots, Chapter 209's document-retention rule requires that "certificates of formation, bylaws, restrictive covenants, and all amendments to the certificates of formation, bylaws, and covenants shall be retained permanently" (§ 209.005(m)(1)).

Two narrower chapters: 204 and 207

Chapter 204 ("Powers of Property Owners' Association Relating to Restrictive Covenants in Certain Subdivisions") is not statewide. It "applies only to a residential real estate subdivision, excluding a condominium development governed by Title 7" located in whole or in part in a county that meets population criteria — a county of 3.3 million or more, or certain neighboring counties described by population and geography (§ 204.002(a)). Where it applies, it addresses an association's powers over restrictions, including how they may be extended, added to, or modified (§§ 204.003, 204.005).

Chapter 207 ("Disclosure of Information by Property Owners' Associations") covers the subdivision information, including resale certificates, that an association delivers on request (§§ 207.003, 207.005).

Condominiums: Chapters 82 and 81

Chapter 209 stops at the condominium line: "This chapter does not apply to a condominium as defined by Section 81.002 or 82.003" (§ 209.003(d)). Condominiums have their own statutes, split by date:

• The Uniform Condominium Act (Chapter 82) "applies to all commercial, industrial, residential, and other types of condominiums in this state for which the declaration is recorded on or after January 1, 1994" (§ 82.002(a)). An older condominium may be governed exclusively by Chapter 82 if the owners vote to amend the declaration to adopt it and record the amendment, or if a pre-1994 declaration already said Chapter 82 would apply (§ 82.002(a)(1)–(2)).
• Selected Chapter 82 sections reach older condominiums anyway, for events on or after January 1, 1994 — including association meetings (§ 82.108), the assessment lien (§ 82.113), and association records (§ 82.114) (§ 82.002(c)).
• The Condominium Act (Chapter 81) "applies only to a condominium regime created before January 1, 1994" (§ 81.0011(a)), alongside whatever parts of Chapter 82 apply under § 82.002.

Because the condominium statutes differ from Chapter 209 in their section numbers and details, a licensed Texas attorney can confirm which provisions govern a particular building.

The nonprofit corporation law

A Texas association can be incorporated or unincorporated (§ 209.002(7)). Many are incorporated as nonprofits, and for those, Chapter 22 of the Texas Business Organizations Code ("Nonprofit Corporations") supplies the corporate framework — subchapters on formation and governing documents, members, management, and records and reports — that works alongside the Property Code. Chapter 22 defines a nonprofit corporation as "a corporation no part of the income of which is distributable to a member, director, or officer of the corporation," with stated exceptions (Tex. Bus. Orgs. Code § 22.001(5)), and it defines bylaws as "the rules adopted to regulate or manage the corporation" (§ 22.001(2)).

How Chapter 209 is enforced

Chapter 209 does not set up a complaint or hearing process at a state agency; the owner remedies it spells out run through the courts. Under § 209.017, "An owner of property in a subdivision may bring an action for a violation of this chapter against the property owners' association of the subdivision in the justice court of a precinct in which all or part of the subdivision is located." An owner denied access to association books and records may also "file a petition with the justice of the peace" of a precinct where the property is located (§ 209.005(n)). The board hearing under § 209.007 is an association-level step, and the chapter notes that an owner or association "may use alternative dispute resolution services" (§ 209.007(e)). The Texas Real Estate Commission's role under § 209.004(b-1) is limited: it collects management certificates "only... for the purpose of making the data accessible to the general public through an Internet website." The broader national picture is covered in who regulates HOAs.

How the layers fit

1. The recorded governing documents — declaration, bylaws, and rules, which have no effect until filed (§ 202.006). The statutes set the floor; the documents add detail but cannot override the protections the statutes make mandatory.
2. Chapter 209 for subdivision HOAs — or Chapter 82 (and, for older regimes, Chapter 81) for condominiums.
3. Chapter 202 for restrictive covenants generally, plus Chapter 204 in the counties it covers.
4. Business Organizations Code Chapter 22 for associations incorporated as nonprofits.
5. Federal law — the Fair Housing Act, ADA, Servicemembers Civil Relief Act (which Chapter 209's enforcement notice itself references, § 209.006(b)(2)(C)), OTARD, and the Freedom to Display the American Flag Act.

From fines to records requests to how assessment liens are created, where the lien stands against a mortgage, disputing or removing a lien, and whether an HOA can foreclose in Texas, Chapter 209 is the starting point for most Texas HOA questions. The Texas HOA law hub collects every Texas guide in one place.

Frequently asked questions

Is Chapter 209 the main HOA law in Texas?

For subdivision HOAs, yes — Chapter 209, the Texas Residential Property Owners Protection Act, is the main state statute, and it applies to residential subdivisions whose declaration authorizes the association to collect regular or special assessments on all or a majority of the property (§ 209.003(a)). It does not operate alone: Chapter 202 governs restrictive covenants generally, Chapter 204 adds rules in certain counties, nonprofit corporation law applies to incorporated associations, and the recorded governing documents and federal law also apply.

Does Chapter 209 apply to Texas condominiums?

No. Section 209.003(d) states that the chapter "does not apply to a condominium as defined by Section 81.002 or 82.003." Condominiums are governed by the Uniform Condominium Act (Chapter 82) if the declaration was recorded on or after January 1, 1994, and, if it was created before then, by the older Condominium Act (Chapter 81) plus selected Chapter 82 sections, unless it has come under Chapter 82 entirely (§§ 82.002, 81.0011). Chapter 202's covenant rules reach condominiums as well.

Do Texas HOA bylaws have to be recorded?

Under § 202.006, an association must file all dedicatory instruments — a term that includes bylaws and properly adopted rules (§ 202.001(1)) — in the real property records of each county where the property is located, and "A dedicatory instrument has no effect until the instrument is filed in accordance with this section." Whether a particular document was properly filed is a question of the county records and the specific facts.

Where can a Texas homeowner bring a claim under Chapter 209?

Section 209.017 provides that an owner "may bring an action for a violation of this chapter against the property owners' association of the subdivision in the justice court of a precinct in which all or part of the subdivision is located." Whether that route, another court, or another option fits a given dispute depends on the facts, which is a question for a licensed Texas attorney.

Sources

• Tex. Prop. Code § 209.001 — Short title (Texas Residential Property Owners Protection Act)
• Tex. Prop. Code § 209.002 — Definitions
• Tex. Prop. Code § 209.003 — Applicability of chapter
• Tex. Prop. Code § 209.004 — Management certificates
• Tex. Prop. Code § 209.0041 — Adoption or amendment of certain dedicatory instruments
• Tex. Prop. Code § 209.005 — Association records
• Tex. Prop. Code § 209.0051 — Open board meetings
• Tex. Prop. Code § 209.0056 — Notice of election or association vote
• Tex. Prop. Code § 209.0057 — Recount of votes
• Tex. Prop. Code § 209.0058 — Ballots
• Tex. Prop. Code § 209.0059 — Right to vote
• Tex. Prop. Code § 209.006 — Notice required before enforcement action
• Tex. Prop. Code § 209.0061 — Association policy; fines
• Tex. Prop. Code § 209.0062 — Alternative payment schedule for certain assessments
• Tex. Prop. Code § 209.0063 — Priority of payments
• Tex. Prop. Code § 209.007 — Hearing before board; alternative dispute resolution
• Tex. Prop. Code § 209.009 — Foreclosure sale prohibited in certain circumstances
• Tex. Prop. Code § 209.0092 — Judicial foreclosure required
• Tex. Prop. Code § 209.017 — Justice court jurisdiction
• Tex. Prop. Code § 202.001 — Definitions (dedicatory instrument)
• Tex. Prop. Code § 202.002 — Applicability of chapter
• Tex. Prop. Code § 202.003 — Construction of restrictive covenants
• Tex. Prop. Code § 202.004 — Enforcement of restrictive covenants
• Tex. Prop. Code § 202.006 — Public records
• Tex. Prop. Code § 202.007 — Certain restrictive covenants prohibited
• Tex. Prop. Code § 202.008 — Limitation on fines during residential water restriction
• Tex. Prop. Code Chapter 202 — Construction and enforcement of restrictive covenants (§§ 202.010, 202.012, 202.018, 202.019)
• Tex. Prop. Code § 204.002 — Application
• Tex. Prop. Code § 204.003 — Application of provisions of restrictive covenants in certain circumstances
• Tex. Prop. Code § 204.005 — Extension of, addition to, or modification of existing restrictions
• Tex. Prop. Code Chapter 207 — Disclosure of information by property owners' associations
• Tex. Prop. Code § 82.002 — Applicability (Uniform Condominium Act)
• Tex. Prop. Code § 81.0011 — Applicability (Condominium Act)
• Tex. Bus. Orgs. Code § 22.001 — Definitions (nonprofit corporations)