Texas regulates resale certificates for homeowners associations and condominiums under two entirely separate statutes. Tex. Prop. Code §207.003, part of the Texas Residential Property Owners Protection Act, governs HOAs. Tex. Prop. Code §82.157, part of the Texas Uniform Condominium Act, governs condos. Both cap the certificate fee at exactly $375 — a coincidence of amount, not a shared statutory origin — and then diverge on nearly everything else that matters at closing.
Two Statutes, One Coincidental Number
| Requirement | HOA — §207.003 | Condo — §82.157 / §82.156 |
|---|---|---|
| Delivery deadline | 10th business day | 10th day (calendar) |
| Fee cap | $375 | $375 |
| Update fee cap | $75 | Not specified |
| Buyer cancellation right | None | 5 days (calendar), §82.156 |
| Preparation-freshness window | 60 days | Three months |
| Required items | 16 | 14 |
| Fee cap added by | Original enactment | SB 711 (89th Leg.), eff. 2025-09-01 |
The $375 figure appearing on both sides is worth pausing on. The HOA cap has been part of §207.003 for longer; the condo cap was added separately by SB 711, effective September 1, 2025, codified at §82.157(f). A title company or board that assumes "$375" is one unified Texas resale-certificate rule is missing that these are two independently legislated numbers that happen to match — not a single statutory cap that applies uniformly. Everything else on the table above confirms the two regimes were never meant to be treated as one.
The Business-Day / Calendar-Day Trap
Both statutes give the association 10 days to deliver the certificate. The unit of measure is different, and this is the single most consequential distinction between the two.
Tex. Prop. Code §207.003(a) requires HOA delivery "not later than the 10th business day after the date the association receives the request." Weekends and Texas state holidays do not count.
Tex. Prop. Code §82.157(b) requires condo delivery "not later than the 10th day after the date of receiving a written request" — plain calendar days, with no business-day qualifier anywhere in the subsection.
A request submitted on a Wednesday has different due dates depending on which statute governs. A title company tracking one universal "10-day Texas deadline" across both property types will misdate one of them.
What a Texas HOA Resale Certificate Must Include
Tex. Prop. Code §207.003(b) enumerates 16 items.
Financial Status
| Disclosure | Statute Reference | What It Requires |
|---|---|---|
| Regular Assessments | (b)(2) | Frequency and amount of regular assessments |
| Special Assessments | (b)(3) | Approved special assessments not yet due |
| Arrearages | (b)(4) | Total of all amounts due and unpaid attributable to the property |
| Capital Expenditures | (b)(5) | Capital expenditures approved for the current fiscal year |
| Reserve Amounts | (b)(6) | Amount of reserves for capital expenditures |
| Operating Budget and Balance Sheet | (b)(7) | Current operating budget and balance sheet |
Legal and Compliance
| Disclosure | Statute Reference | What It Requires |
|---|---|---|
| Transfer Restrictions | (b)(1) | Restrictions on transfer of ownership |
| Unsatisfied Judgments | (b)(8) | Total of unsatisfied judgments against the association |
| Pending Litigation | (b)(9) | Style and cause number of any pending lawsuit |
| Insurance Coverage | (b)(10) | Certificate of insurance for common areas and facilities |
| Unit Restriction Violations | (b)(11) | Conditions the board has actual knowledge violate the subdivision restrictions, bylaws, or rules |
| Code Violation Notices | (b)(12) | Governmental health or housing code violation notices received regarding the property or common areas |
| Foreclosure Lien Statement | (b)(15) | Whether the restrictions allow foreclosure of the association's assessment lien for unpaid assessments |
Transfer-Specific Fees
| Disclosure | Statute Reference | What It Requires |
|---|---|---|
| Administrative Transfer Fee | (b)(13) | Amount of any administrative transfer fee for a change of ownership |
| Managing Agent | (b)(14) | Name, mailing address, and telephone number of the association's managing agent, if any |
| Itemized Transfer Fees | (b)(16) | Itemized statement of all fees associated with transfer of ownership — description of each fee, payee, and amount |
No buyer cancellation right exists under Chapter 207. Texas HOA purchasers get the 16-item disclosure and a 60-day currency window on the certificate itself, but no statutory window to walk away after reading it.
What a Texas Condo Resale Certificate Must Include
Tex. Prop. Code §82.157(a) enumerates 14 items — restructured 2026-05-23 from an earlier, incomplete 9-item version once the actual statutory subsection IDs were verified against primary text.
Financial Status
| Disclosure | Statute Reference | What It Requires |
|---|---|---|
| Assessments Due | (a)(2) | Periodic common expense assessment and unpaid common expenses currently due |
| Other Arrearages | (a)(3) | Other unpaid fees or amounts payable by the selling unit owner |
| Capital Expenditures | (a)(4) | Capital expenditures approved for the next 12 months |
| Reserve Amounts | (a)(5) | Amount of reserves for capital expenditures |
| Operating Budget and Balance Sheet | (a)(13) | Association's current operating budget and balance sheet |
Legal and Compliance
| Disclosure | Statute Reference | What It Requires |
|---|---|---|
| Transfer Restrictions | (a)(1) | Right of first refusal or other restraint on transfer |
| Unsatisfied Judgments | (a)(6) | Any unsatisfied judgments against the association |
| Pending Litigation | (a)(7) | Nature of any pending suits against the association |
| Insurance Coverage | (a)(8) | Insurance coverage provided for the benefit of unit owners |
| Unit Alteration Violations | (a)(9) | Whether the board knows of alterations or improvements to the unit or its limited common elements that violate the declaration, bylaws, or rules |
| Code Violation Notices | (a)(10) | Whether the association received a governmental health or building code violation notice for the unit, its limited common elements, or the condominium |
| Leasehold Term | (a)(11) | Remaining term of any leasehold estate affecting the condominium and the provisions governing extension or renewal |
Transfer-Specific Fees
| Disclosure | Statute Reference | What It Requires |
|---|---|---|
| Managing Agent | (a)(12) | Name, mailing address, and telephone number of the association's managing agent, if any |
| Itemized Transfer Fees | (a)(14) | Itemized statement of all fees payable to the association or its agent associated with transfer of ownership |
Unlike the HOA statute, §82.157 has no separate "approved special assessments not yet due" item — the closest analog is the capital-expenditures disclosure at (a)(4), since Texas condo law treats near-term capital costs as a single category rather than splitting regular reserves from special assessments the way the HOA statute does.
The Condo-Only Five-Day Cancellation Right
Tex. Prop. Code §82.156 gives condo purchasers a right the HOA statute does not: the purchaser may cancel the contract "before the sixth day after the date the purchaser receives" the resale certificate and required governing documents. Subsection (c) explicitly labels this "the five-day cancellation period." Cancellation must be delivered by hand or by certified U.S. mail, return receipt requested, within the window — and it runs to the declarant or the selling unit owner, not the association. Cancellation is without penalty, and under §82.156(c) the refund of the purchaser's payments likewise comes from the seller's side of the transaction.
This right does not exist for HOA purchasers under Chapter 207. A buyer moving from a condo transaction to an HOA transaction — or an agent working both property types — cannot assume the same rescission protection carries over.
Preparation-Freshness Windows, Not Validity Periods
Neither Texas statute imposes a Florida-style post-delivery expiration on the certificate. Instead, both set a freshness window on when the certificate may have been prepared relative to delivery:
- HOA: §207.003(a)(3) — the certificate must have been prepared not earlier than the 60th day before the date it is delivered.
- Condo: §82.157(a) — the certificate must have been prepared not earlier than three months before the date it is delivered to the purchaser.
The distinction matters in practice. A Florida estoppel certificate becomes invalid a fixed number of days after issuance, forcing a re-issuance if closing slips. A Texas certificate has no such forced expiration — the constraint is only on how old it was allowed to be when prepared, which gives boards and title companies more flexibility around delayed closings without triggering an automatic re-certification requirement.
Why Manual Preparation Fails in Texas
The two-statute structure creates a distinct failure mode: treating Texas as if it had one resale-certificate rule.
Delivery-day confusion. A preparer who learned "10 days" from one property type applies it to the other without adjusting for business days versus calendar days — a Texas-specific version of the same trap that trips up preparers moving between Washington and Florida.
Cancellation-right bleed-through. Quoting the condo's 5-day cancellation right on an HOA transaction (or omitting it on a genuine condo transaction) is a direct statutory misstatement, not a rounding error.
Itemized transfer-fee requirement, both statutes. Both §207.003(b)(16) and §82.157(a)(14) require a fee-by-fee itemization, not a lump sum — a detail manual preparers routinely collapse into a single "transfer fee" line.
Per-unit violation and alteration checks. §207.003(b)(11) and §82.157(a)(9) both require knowledge tied to the specific unit, not an association-wide boilerplate answer. A spreadsheet tracking violations by date rather than by unit cannot answer either question correctly without a fresh lookup.
What a System-Generated Certificate Changes
When the resale certificate is generated directly from the association's system of record, the two-statute confusion is resolved by construction — the system knows which statute governs before a single field populates.
Correct delivery-day math, per statute. HOA certificates track against business days; condo certificates track against calendar days. The distinction is structural, not something a preparer has to remember to apply.
Itemized fees, not lump sums. Transfer fees populate as the fee-by-fee breakdown both §207.003(b)(16) and §82.157(a)(14) require, sourced from actual fee records.
Per-unit violation and alteration lookups. Unit restriction violations and alteration checks query by parcel ID at generation time — an association-wide answer cannot leak through as unit-specific.
Correct cancellation-right disclosure. The condo certificate states the 5-day §82.156 window; the HOA certificate correctly states none exists. See why most accounting software is not legally defensible for why data provenance — not just data presence — is what makes a disclosure defensible.
Immutable artifact. The generated certificate is content-hashed (SHA-256) and preserved as an institutional record, reproducible and verifiable if a buyer or title company later questions what was disclosed.
How Texas Compares
| Feature | Texas HOA | Texas Condo | Washington (WUCIOA) | Florida |
|---|---|---|---|---|
| Delivery deadline | 10 business days | 10 calendar days | 10 calendar days | 10 business days |
| Fee cap | $375 | $375 | $275 | $299 DBPR-adjusted |
| Buyer cancellation | None | 5 days | 5 business days | 3-7 days |
| Freshness/validity | 60-day prep window | Three-month prep window | Not specified | 30-day post-issuance expiration |
| Required items | 16 | 14 | 20-26 | 19 |
Texas is the only state in this set where the same governing jurisdiction sets two different fee caps that happen to match numerically while diverging on delivery-day units, cancellation rights, and item counts. For a state with a genuinely unified structure by contrast, see Nevada Resale Certificates, where one statute governs every property type.
What to Look for in a Texas Resale Certificate
Whether you are a board member preparing one, a title officer reviewing one, or a buyer receiving one, these are the signals that matter:
- Is the correct statute cited — §207.003 or §82.157? A certificate citing the wrong chapter is a red flag regardless of how complete it otherwise looks.
- Does the delivery deadline match the property type's day-count unit? HOA = business days; condo = calendar days.
- Is the buyer cancellation section accurate? Condo certificates must state the 5-day §82.156 right; HOA certificates must state that no such right exists under Chapter 207.
- Are transfer fees itemized, not lumped? Both statutes require a fee-by-fee breakdown.
- Was the certificate prepared within the freshness window? 60 days for HOA, three months for condo, measured from preparation date, not delivery date.
- Are unit-specific violations and alterations checked fresh? An association-wide "no violations" answer is not a per-unit answer.
What This Means in Practice
Texas did not design one resale-certificate rule and apply it twice. It legislated HOA and condominium disclosure separately, at different times, through different bills, and the $375 fee cap the two statutes share is the one place they happen to agree. Everywhere else — delivery-day units, cancellation rights, item counts, freshness windows — the two regimes stand apart. A resale certificate process that treats "Texas" as a single rule set will get at least one of those details wrong on every transaction it touches.
See how CommunityPay generates Texas resale certificates from the system of record
How CommunityPay generates statute-compliant resale certificates across every state we cover
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Compare Texas requirements to Washington resale certificates
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