In Texas, homeowners' associations in subdivisions are governed primarily by Chapter 209 of the Texas Property Code, the Texas Residential Property Owners Protection Act, together with the restrictive-covenant rules in Chapter 202. (Condominiums fall under a separate law, the Texas Uniform Condominium Act in Chapter 82 — this overview is about HOAs.) Federal law and the Texas Business Organizations Code also apply to most HOAs, which are incorporated as nonprofit corporations. Chapter 209 sets a baseline of owner protections that an association's dedicatory instruments can build on but cannot strip away. For your specific situation, a licensed Texas attorney is the right resource. This is general information, not legal advice.
The recurring themes are notice, a chance to cure, and court oversight before the harshest remedies. A Texas association generally has to warn an owner, give curable violations time to be fixed, open its records, and — critically — go to court before it can foreclose.
Records access (§209.005)
The association's books and records belong, in a sense, to the membership, and Chapter 209 gives owners a right to inspect and copy them.
"open to and reasonably available for examination by an owner" — Tex. Prop. Code §209.005(c)
After a proper written request, the statute generally requires the association to respond on or before the 10th business day — either producing copies or sending written notice of dates the owner may inspect the records.
"on or before the 10th business day after the date the association receives the request" — §209.005(e)
If the association cannot meet that deadline, it must notify the owner in writing and state a date for producing the records that is not later than the 15th business day after that notice is given (§209.005(f)).
Notice and a chance to cure before a fine (§209.006)
Before an association may charge an owner for property damage, levy a fine, or suspend a right, Chapter 209 requires advance written notice sent by certified mail.
"is entitled to a reasonable period to cure the violation and avoid the fine or suspension if the violation is of a curable nature" — §209.006(b)(2)(A)
The notice must describe the violation, state any amount due, and inform the owner of the right to request a hearing and, for curable violations, give a reasonable period to fix the problem.
Hearing before the board (§209.007)
Where an owner is entitled to an opportunity to cure, the owner may ask for a hearing in front of the board.
"the owner has the right to submit a written request for a hearing to discuss and verify facts and resolve the matter in issue before the board." — §209.007(a)
The association generally must hold that hearing within 30 days of receiving the request and give the owner at least 10 days' notice of the date. The hearing right does not apply to certain court actions, such as a suit seeking a temporary restraining order or temporary injunctive relief, or a suit that includes foreclosure.
How payments are applied (§209.0063)
When an owner makes a partial payment, Texas law fixes the order in which it is applied, so an association cannot steer a payment to fines first and leave assessments delinquent.
"a payment received by a property owners' association from the owner shall be applied to the owner's debt in the following order of priority" — §209.0063(a)
The statutory order generally puts delinquent assessments first, then current assessments, then certain collection costs and attorney's fees, with fines near the end.
Foreclosure requires a court order (§209.0092)
This is one of the most significant protections in Texas HOA law. An association cannot simply post a home for a non-judicial sale over an assessment lien.
"a property owners' association may not foreclose a property owners' association assessment lien unless the association first obtains a court order" — Tex. Prop. Code §209.0092(a)
There are narrow exceptions — for example, where the owner agrees in writing to waive expedited foreclosure — but the default rule is that a court must be involved before a foreclosure can proceed. How the lien itself is created and how it ranks against a mortgage are covered in Texas HOA Assessment Liens Explained and Texas HOA Assessment Lien Priority.
Frequently asked questions
Can my Texas HOA fine me without warning?
Generally no. Chapter 209 requires written notice by certified mail and, for curable violations, a reasonable period to cure before a fine or suspension takes effect.
Can my HOA foreclose on my home over unpaid dues?
Not without going to court. §209.0092 requires the association to obtain a court order before foreclosing an assessment lien, subject to limited exceptions.
How long does my HOA have to give me records?
The statute generally requires a response on or before the 10th business day after a proper written request, with a possible limited extension.
Does Chapter 209 cover condominiums?
No — condominiums are governed by Chapter 82 (the Texas Uniform Condominium Act). Chapter 209 covers subdivision homeowners' associations.
Sources
- Texas Property Code §209.005 — Association Records
- Texas Property Code §209.006 — Notice Required Before Enforcement Action
- Texas Property Code §209.007 — Hearing Before Board; Alternative Dispute Resolution
- Texas Property Code §209.0063 — Priority of Payments
- Texas Property Code §209.0092 — Judicial Foreclosure Required