Texas HOA & Condominium Law
29 active Texas statutes govern homeowners associations and condominiums in the state. The corpus encodes 65 specific requirements across governance, finance, reserves, disclosure, and enforcement. 1 change recorded in the last twelve months.
Resale Certificate Compliance
16 disclosures required
TX
A planned community in Texas
is governed by
Tex. Prop. Code §207.003
(Texas Property Owners Association Act).
Texas law requires 16 specific disclosures when a unit is sold.
The certificate must be delivered within 10 days of request.
Maximum preparation fee: $375.00.
· verified Sep 2026
-
Restrictions on transfer of ownership §207.003(b)(1)
a statement of any right of first refusal, other than a right of first refusal that is prohibited by statute, and any other restraint contained in the restrictions or restrictive covenants that restricts the owner's right to transfer the owner's property; Tex. Prop. Code §207.003§207.003(b)(1) · verified Sep 2026
-
Frequency and amount of regular assessments §207.003(b)(2)
the frequency and amount of any regular assessments; Tex. Prop. Code §207.003§207.003(b)(2) · verified Sep 2026
-
Approved special assessments not yet due §207.003(b)(3)
the amount and purpose of any special assessment that has been approved before and is due after the resale certificate is delivered; Tex. Prop. Code §207.003§207.003(b)(3) · verified Sep 2026
-
Total of all amounts due and unpaid attributable to the property §207.003(b)(4)
the total of all amounts due and unpaid to the property owners' association that are attributable to the owner's property; Tex. Prop. Code §207.003§207.003(b)(4) · verified Sep 2026
-
Capital expenditures approved by the association for the current fiscal year §207.003(b)(5)
capital expenditures, if any, approved by the property owners' association for the property owners' association's current fiscal year; Tex. Prop. Code §207.003§207.003(b)(5) · verified Sep 2026
-
Amount of reserves for capital expenditures §207.003(b)(6)
the amount of reserves, if any, for capital expenditures; Tex. Prop. Code §207.003§207.003(b)(6) · verified Sep 2026
-
Current operating budget and balance sheet §207.003(b)(7)
the property owners' association's current operating budget and balance sheet; Tex. Prop. Code §207.003§207.003(b)(7) · verified Sep 2026
-
Total of unsatisfied judgments against the association §207.003(b)(8)
the total of any unsatisfied judgments against the property owners' association; Tex. Prop. Code §207.003§207.003(b)(8) · verified Sep 2026
-
Style and cause number of any pending lawsuit §207.003(b)(9)
the style and cause number of any pending lawsuit in which the property owners' association is a party, other than a lawsuit relating to unpaid ad valorem taxes of an individual member of the association; Tex. Prop. Code §207.003§207.003(b)(9) · verified Sep 2026
-
Certificate of insurance for common areas and facilities §207.003(b)(10)
a copy of a certificate of insurance showing the property owners' association's property and liability insurance relating to the common areas and common facilities; Tex. Prop. Code §207.003§207.003(b)(10) · verified Sep 2026
-
Conditions on the property the board has actual knowledge violate the subdivision restrictions, bylaws, or association rules §207.003(b)(11)
a description of any conditions on the owner's property that the property owners' association board has actual knowledge are in violation of the restrictions applying to the subdivision or the bylaws or rules of the property owners' association Tex. Prop. Code §207.003§207.003(b)(11) · verified Sep 2026
-
Governmental health or housing code violation notices the association received regarding the property or common areas §207.003(b)(12)
a summary or copy of notices received by the property owners' association from any governmental authority regarding health or housing code violations existing on the preparation date of the certificate relating to the owner's property or any common areas or common facilities owned or leased by the property owners' association Tex. Prop. Code §207.003§207.003(b)(12) · verified Sep 2026
-
Amount of any administrative transfer fee charged for a change of ownership §207.003(b)(13)
the amount of any administrative transfer fee charged by the property owners' association for a change of ownership of property in the subdivision Tex. Prop. Code §207.003§207.003(b)(13) · verified Sep 2026
-
Name, mailing address, and telephone number of the association's managing agent, if any §207.003(b)(14)
the name, mailing address, and telephone number of the property owners' association's managing agent, if any Tex. Prop. Code §207.003§207.003(b)(14) · verified Sep 2026
-
Statement whether the restrictions allow foreclosure of the association's assessment lien for unpaid assessments §207.003(b)(15)
a statement indicating whether the restrictions allow foreclosure of a property owners' association's lien on the owner's property for failure to pay assessments Tex. Prop. Code §207.003§207.003(b)(15) · verified Sep 2026
-
Itemized statement of all fees associated with transfer of ownership (description of each fee, payee, and amount) §207.003(b)(16)
a statement of all fees associated with the transfer of ownership, including a description of each fee, to whom each fee is paid, and the amount of each fee Tex. Prop. Code §207.003§207.003(b)(16) · verified Sep 2026
Also applicable to condominiums: Tex. Prop. Code §82.157 (Texas Uniform Condominium Act, 14 items)
Industry incumbents (HomeWiseDocs, CondoCerts) charge residents $250–$400 per resale certificate.
Under Tex. Prop. Code §207.003, Texas caps the preparation fee at $375 by statute. With CommunityPay, the board issues the certificate directly from live ledger data — the board controls pricing within the statutory cap. Residents typically save $200+ per closing.
What Texas Law Requires
Governance (5)
- The resale certificate must disclose any right of first refusal or other restraint on the owner's right to transfer the property. Tex. Prop. Code §207.003 (b)(1)
- The certificate must state the name, mailing address, and telephone number of the association's managing agent, if any. Tex. Prop. Code §207.003 (b)(14)
- The certificate must disclose any right of first refusal or other restraint on the right to transfer the unit. Tex. Prop. Code §82.157 (a)(1)
- The certificate must state the remaining term of any leasehold estate affecting the condominium and the provisions governing its extension or renewal. Tex. Prop. Code §82.157 (a)(11)
- The certificate must state the name, mailing address, and telephone number of the association's managing agent, if any. Tex. Prop. Code §82.157 (a)(12)
Financial (9)
- The certificate must state the amount of any administrative transfer fee the association charges for a change of ownership. Tex. Prop. Code §207.003 (b)(13)
- The certificate must provide an itemized statement of all fees associated with the transfer of ownership — describing each fee, its payee, and its amount. Tex. Prop. Code §207.003 (b)(16)
- The certificate must disclose any capital expenditures the HOA has approved for the current fiscal year. Tex. Prop. Code §207.003 (b)(5)
- The certificate must attach the HOA's current operating budget and balance sheet. Tex. Prop. Code §207.003 (b)(7)
- The association may ask for payment up front but may not process it until the certificate is ready, and may charge nothing at all if the certificate misses the 10-business-day deadline. Tex. Prop. Code §207.003 (c-1)
- The certificate must attach the association's current operating budget and balance sheet. Tex. Prop. Code §82.157 (a)(13)
- The certificate must provide an itemized statement of all fees payable to the association or its agent that are associated with the transfer of ownership — describing each fee, its payee, and its amount. Tex. Prop. Code §82.157 (a)(14)
- The certificate must disclose any capital expenditures the association has approved for the next 12 months. Tex. Prop. Code §82.157 (a)(4)
- If the certificate understates what the seller owes, the buyer does not pay the difference. Tex. Prop. Code §82.157 (c)
Assessment (5)
- The certificate must state how often regular assessments are charged and the amount. Tex. Prop. Code §207.003 (b)(2)
- The certificate must disclose any special assessments that have been approved but are not yet due as of the date of delivery. Tex. Prop. Code §207.003 (b)(3)
- The certificate must show the total amount the owner currently owes the association. Tex. Prop. Code §207.003 (b)(4)
- The certificate must state the periodic common expense assessment and any unpaid common expenses or special assessments currently owed by the seller. Tex. Prop. Code §82.157 (a)(2)
- The certificate must disclose any other unpaid fees or amounts the seller owes the association. Tex. Prop. Code §82.157 (a)(3)
Reserves (2)
- The certificate must state the amount of capital expenditure reserves held by the HOA. Tex. Prop. Code §207.003 (b)(6)
- The certificate must state the amount of reserves for capital expenditures, including any portion designated for a specific project. Tex. Prop. Code §82.157 (a)(5)
Disclosure (7)
- A Texas HOA resale certificate is not a certificate unless an officer or authorized agent has signed and dated it. Tex. Prop. Code §207.001 (5)
- An update is due within seven business days of the written request — a shorter clock than the ten business days the original certificate gets. Tex. Prop. Code §207.003 (f)
- When the association will not answer, the seller can hand the buyer a sworn statement of the two requests and close on that. Tex. Prop. Code §207.004 (b)(2)
- A Texas condo purchaser has five days to cancel after receiving the resale certificate or required documents — statute says cancellation must occur 'before the sixth day after the date the purchaser receives' the materials, which subsection (c) explicitly names 'the five-day cancellation period.' Tex. Prop. Code §82.156 (a)
- The purchaser must cancel by hand delivery or certified mail within the five-day window. Cancellation is without penalty and the purchaser is entitled to a full refund of payments made before cancellation. Tex. Prop. Code §82.156 (c)
- On a condominium resale the seller owes the package to the buyer; the association's role is to issue the certificate the seller hands over. Tex. Prop. Code §82.157 (a)
- The 10-day duty runs to a request from the unit owner. If the association misses it, the seller may swear an affidavit instead, and buyer and seller may agree in writing to do without the certificate altogether. Tex. Prop. Code §82.157 (b)
Records (3)
- Homeowners can request to inspect and copy the HOA's books and records, including financial records — either directly or through a designated agent, attorney, or CPA. Tex. Prop. Code §209.005 (c)
- The HOA has 10 business days to provide requested records after receiving a written request. Tex. Prop. Code §209.005 (e)(2)
- Texas POAs (over 14 lots) must keep financial books, meeting minutes, and tax returns for at least seven years. Tex. Prop. Code §209.005 (m)
Enforcement (7)
- A missed deadline does not go straight to court: the owner, the owner's agent, or the title company asks a second time. Tex. Prop. Code §207.004 (a)
- The remedies do not start with the first missed deadline. They start five business days after a certified-mail or hand-delivered second request. Tex. Prop. Code §207.004 (b)
- The owner does not have to collect the judgment: it can come out of the assessments the owner would otherwise pay. Tex. Prop. Code §207.004 (b)(1)(D)
- Once the affidavit is given, the buyer, the lender, and the title company owe the association nothing that predates it. Tex. Prop. Code §207.004 (c)(1)
- The lien does not survive the affidavit. It ends by operation of the statute, with no filing and no court. Tex. Prop. Code §207.004 (c)(2)
- Whatever the certificate leaves out, the association cannot later collect from the parties to the sale, and its lien for that amount ends. Tex. Prop. Code §207.005 (a)
- The certificate settles the past, not the future: assessments that come due after it was prepared are still owed and still secured. Tex. Prop. Code §207.005 (b)
Insurance (2)
- The certificate must attach a certificate of insurance showing the HOA's property and liability coverage on common areas. Tex. Prop. Code §207.003 (b)(10)
- The certificate must describe the insurance coverage the association provides for unit owners' benefit. Tex. Prop. Code §82.157 (a)(8)
Compliance (25)
- A commercial or mostly-commercial development is not a subdivision for Chapter 207 purposes, whatever its association is called. Tex. Prop. Code §207.001 (6)
- An association with no power to levy regular or special assessments owes no Chapter 207 resale certificate. Tex. Prop. Code §207.002 (a)
- A Texas condominium is not served by the Chapter 207 resale certificate; its certificate comes from Chapter 82. Tex. Prop. Code §207.002 (b)
- A purchaser or purchaser's agent can be made to prove a right to buy before the association starts work, and the 10-business-day clock does not start until that proof is received and verified. Tex. Prop. Code §207.003 (a-1)
- The certificate must describe any conditions on the property the board actually knows violate the subdivision restrictions, bylaws, or association rules. Tex. Prop. Code §207.003 (b)(11)
- The certificate must summarize or attach any governmental health or housing code violation notices the association received regarding the property or the common areas as of the preparation date. Tex. Prop. Code §207.003 (b)(12)
- The certificate must state whether the restrictions allow the association to foreclose its assessment lien on the property for unpaid assessments. Tex. Prop. Code §207.003 (b)(15)
- The certificate must disclose any unsatisfied judgments against the HOA. Tex. Prop. Code §207.003 (b)(8)
- The certificate must list pending lawsuits involving the HOA — by case style and cause number — except suits about a single member's unpaid property taxes. Tex. Prop. Code §207.003 (b)(9)
- Nothing in the statute makes the association walk the property before it issues a certificate, unless the association's own governing documents say so. Tex. Prop. Code §207.003 (e)
- Only the party that ordered the original certificate may order an update, and only within 180 days of the original. Tex. Prop. Code §207.003 (g)
- When the association is late, the listing agent and the title company are not the ones on the hook. Tex. Prop. Code §207.005 (c)
- Section 207.004 is the whole of the seller's remedy against the association, and the officers who run it are not personally exposed. Tex. Prop. Code §207.005 (d)
- A Texas condominium declared before 1994 is outside most of Chapter 82 but still owes the §82.157 resale certificate. Tex. Prop. Code §82.002 (c)
- The resale certificate rules apply to every Chapter 82 unit except where subsection (b) exempts the disposition, or where an all-nonresidential condominium and its purchaser agree otherwise. Tex. Prop. Code §82.151 (a)
- A unit given away rather than sold needs no resale certificate. Tex. Prop. Code §82.151 (b)(1)
- A transfer a court orders needs no resale certificate. Tex. Prop. Code §82.151 (b)(2)
- A government selling a unit owes no resale certificate. Tex. Prop. Code §82.151 (b)(3)
- A foreclosure sale, or a deed given in lieu of one, needs no resale certificate. Tex. Prop. Code §82.151 (b)(4)
- A sale the buyer can walk away from at any time, for any reason, and at no cost needs no resale certificate. Tex. Prop. Code §82.151 (b)(5)
- The certificate must state whether the association received a governmental health or building code violation notice for the unit, its limited common elements, or any other portion of the condominium. Tex. Prop. Code §82.157 (a)(10)
- The certificate must disclose any unsatisfied judgments against the association. Tex. Prop. Code §82.157 (a)(6)
- The certificate must describe the nature of any pending suits against the association. Tex. Prop. Code §82.157 (a)(7)
- The certificate must state whether the board knows of any alterations or improvements to the unit or its limited common elements that violate the declaration, bylaws, or rules. Tex. Prop. Code §82.157 (a)(9)
- The certificate is relied upon by name: a buyer, a lender, or a title insurer takes it at face value, and the association is held to what it wrote. Tex. Prop. Code §82.157 (e)
Sourced from CommunityPay's living legal corpus. Each requirement traces to a primary statute snapshot verified by a subject-matter expert.
Topic Coverage
Resale Disclosure
10
Enforcement and Fines
8
Assessment Collection
7
Foreclosure and Liens
6
Elections and Voting
5
Records Access and Inspection
4
Governance Documents
3
Meetings and Notice
2
Dispute Resolution
1
Insurance Requirements
1
Each chip links to the Texas statutes addressing that topic. Counts reflect distinct statute assignments.
Applicable Statutes
All Texas authorities →
Construction of Restrictive Covenants
The Texas rule of construction for restrictive covenants. Subsection (a) directs courts to liberally construe restrictive covenants to give effect to their purpose and intent. Subsection (b) prohibits restrictive covenants from being applied to bar use of property as a "family home" as defined under Texas Human Resources Code Chapter 123 — though any other applicable covenant is still construed to serve its original intent except where doing so would prevent the family-home use. Foundational to every covenant-interpretation dispute in Texas.
Enforcement of Restrictive Covenants
Texas covenant-enforcement statute. Discretionary enforcement decisions by a property owners' association are presumed reasonable unless a court determines by a preponderance of the evidence that the exercise of discretion was "arbitrary, capricious, or discriminatory." An association or any designated representative may sue to enforce restrictive covenants. Courts may impose civil penalties of up to $200 per day of violation. The TX analog to Riverview v. Spencer & Livingston (WA 2015) on consistent enforcement and reasonableness review.
Texas Property Owners' Association Act — Resale Certificate Chapter
Chapter 207 of the Texas Property Code (Property Owners' Association Act) governs HOA resale certificates. All operative content lives at the section level — see §207.003 for the 16 enumerated disclosure items at (b)(1)–(b)(16), the 10-business-day delivery deadline at (a), the 60-day certificate currency rule at (a)(3), and the $375 initial / $75 update fee caps at (c). §207.004 establishes owner remedies for late delivery; §207.005 governs reliance and liability. §207.001 defines what a resale certificate is; §207.002 says which associations owe one. All six sections carry verbatim text as of 2026-09-04.
Definitions — Texas Property Owners' Association Act
Chapter 207 definitions. Two of them bind the tx_hoa_207 profile
directly. Subdivision (5) defines a resale certificate as a written
statement "issued, signed, and dated by an officer or authorized agent"
of the association — a signature and a date are part of what the
document is, not presentation. Subdivision (6) limits "subdivision" to
land whose restrictions confine the majority of the restricted land
area to residential use.
Applicability — Texas Property Owners' Association Act
Chapter 207 applies to a subdivision whose property owners'
association is entitled to levy regular or special assessments, and
does not apply to a condominium council of owners governed by
Chapter 81 or a condominium unit owners' association governed by
Chapter 82. This is the line between the tx_hoa_207 and tx_condo_82
profiles, stated by the statute itself.
Delivery of Subdivision Information to Owner — Texas POA Act
Texas Property Owners' Association Act resale certificate section. Subsection (a) requires delivery within 10 business days of a written request, including a resale certificate prepared not earlier than the 60th day before delivery ((a)(3)). Subsection (b) enumerates the 16 disclosure items the certificate must contain at (b)(1)–(b)(16); the tx_hoa_207 profile operationalizes all 16. Subsection (c) caps fees at $375 to assemble/copy/deliver and $75 to prepare/deliver an update under (f). Chapter 207 imposes no statutory purchaser-cancellation period — buyer termination rights under TREC contracts are option-period clauses, not statute.
Owner's Remedies for Failure to Timely Deliver — Texas POA Act
What a late resale certificate costs the association. After a second
written request goes unanswered for five business days, the owner may
seek a court order, a judgment of not more than $5,000, court costs and
reasonable attorney's fees, and an order deducting both from future
assessments. The owner may also give the buyer an affidavit; on that
affidavit the buyer, lender, and title insurer stop being liable for
pre-affidavit amounts and the association's lien for them terminates
automatically.
Effect of Resale Certificate; Liability — Texas POA Act
What a delivered certificate binds. The association may not deny the
validity of any statement in it, and its lien for an amount the
certificate did not disclose terminates automatically as to that
amount. A buyer, buyer's agent, owner, owner's agent, lender, and title
insurance company and its agent are not liable for an undisclosed debt
or claim existing on the preparation date. The certificate does not
reach debts arising afterward or a lien for future assessments.
Adoption or Amendment of Certain Dedicatory Instruments
Voting thresholds and procedure for adopting or amending dedicatory instruments (CCRs, bylaws, restrictive covenants, association rules) in residential subdivisions subject to mandatory POA membership. Subsection (a) was repealed in 2015; the operative provisions establish the owner vote requirements and consent procedures for instrument changes.
Records Inspection — Property Owners Association
Texas Property Owners Association records inspection rights. Owners may inspect and copy association books and records upon written request. Association must produce records within 10 business days of the request, extendable to a maximum of 15 business days from notice. Section (m) sets seven-year retention floors for financial books, meeting minutes, and tax returns.
Open Board Meetings
Open-meeting requirements for TRPOPA property owners' associations. Both regular and special board meetings must be open to all owners, with limited exceptions for executive sessions covering personnel matters, pending or threatened litigation, or owner privacy concerns. The board must give advance notice of all open meetings and must maintain written minutes that are available for owner inspection and copying. The POA-Act analog to §82.108 for condominiums.
Notice of Election or Association Vote
TRPOPA notice rule for elections and association votes. The association must give written notice to each eligible owner of any election or association vote: between 60 and 10 days before a meeting at which the election or vote will occur, or at least 20 days before the deadline for ballot submission if the vote is held outside a meeting. The statute expressly supersedes any conflicting provision in a dedicatory instrument, creating a uniform notice floor across all Texas POAs.
Ballots
TRPOPA voting-mechanics rule. Votes on specified matters — including board elections, assessment increases, and removal of board members — must be cast "in writing and signed by the member." The association may adopt secret-ballot procedures provided the rules ensure no member can cast more votes than allowed and that all eligible votes are counted. Candidates are entitled to designate observers to be present during ballot counting.
Hearing Before Board; Alternative Dispute Resolution
TRPOPA pre-enforcement hearing right. A property owner entitled to cure a violation has the right to request a written hearing before the board within 30 days of the cure notice. The association must produce all documents relevant to the hearing at least 10 days in advance, and both the owner and the association may present their cases with audio recording permitted. These protections do not apply when the association seeks temporary injunctive relief, pursues foreclosure, or imposes temporary suspensions in response to an immediate health or safety risk.
Foreclosure Sale Prohibited in Certain Circumstances
TRPOPA foreclosure-bar statute. A property owners' association cannot foreclose an assessment lien when the debt is composed solely of fines assessed by the association, attorney's fees incurred to collect those fines, or certain other amounts added under specified statutory provisions. The shield protects owners from losing the home over fine-only debts while preserving foreclosure as a remedy for unpaid assessments.
Prerequisites to Foreclosure: Notice and Opportunity to Cure for Certain Other Lienholders
TRPOPA junior-lienholder protection. Before a property owners' association may foreclose its assessment lien, it must send written notice of the delinquency amount by certified mail to any other holder of a lien of record on the property whose lien is inferior or subordinate. The lienholder is entitled to at least 60 days to cure the delinquency before the association may initiate foreclosure through an expedited court order or judicial petition.
Assessment Lien Filing
TRPOPA pre-lien notice statute. Before filing an assessment lien against a property owner, a Texas POA must provide two separate notices of delinquency: first by mail or email, then by certified mail no less than 30 days after the first notice. The association cannot file the lien instrument until 90 days after the second notice. The statute defines "assessment lien" as any lien instrument documenting nonpayment of association charges and establishes that these liens affect real property title from the date of recordation. The closest TX parallel to NRS 116.31162 in Nevada or RCW 64.90.485 in Washington.
Right of Redemption After Foreclosure
TRPOPA post-foreclosure redemption right. The owner of a property in a residential subdivision and any lienholder of record may redeem the foreclosed property within 180 days after receiving notice of the sale. Redemption requires paying the purchase price plus all amounts owed to the association, interest, and costs. This redemption window distinguishes Texas from many other states (including Nevada's 60-day rule under NRS 116.31166) and gives foreclosed owners a substantial post-sale recovery period.
Mandatory Election Required After Failure to Call Regular Meeting
TRPOPA backstop for inactive boards. If a property owners' association fails to call a required annual meeting, an owner may demand the meeting in writing. If the board still does not call the meeting within 30 days, three or more owners may form an election committee, file notice with the county clerk, and call a meeting for the sole purpose of electing board members. Only one election committee is permitted per subdivision at a time. A statutory remedy when board dysfunction prevents ordinary governance.
Applicability — Texas Uniform Condominium Act
Chapter 82 governs condominiums whose declaration was recorded on or
after January 1, 1994. Subsection (c) lists the sections that reach a
pre-1994 condominium anyway, and §82.157 — the resale certificate — is
one of them. A condominium too old for the rest of Chapter 82 still
owes the certificate.
Definitions
Foundational definitions for the Texas Uniform Condominium Act. Defines "condominium" as real property with units designated for separate ownership and common elements owned in undivided interests; "declarant" as a person offering units or retaining special declarant rights; "unit owners' association" as the governing entity; and related terms including common expenses, development rights, and special declarant rights. Definitional anchor for every other section in TUCA.
Powers of Unit Owners’ Association
Enumerates the TUCA condominium association's powers. The board may adopt and amend bylaws and budgets for revenues, expenditures, and reserves unless the declaration provides otherwise. The association may hire staff and managers, institute or defend litigation in its own name on matters affecting the condominium, adopt rules governing unit use and maintenance, collect assessments, and impose reasonable fines for rule violations after written notice and an opportunity for the unit owner to be heard. The TUCA analog to Civ. Code §4340 (CA) and ORS 94.630.
Meetings
Open-meeting rule for TUCA condominium associations. Annual meetings of the unit owners are mandatory; special meetings may be called by the president, a majority of the board, or unit owners holding twenty percent of the votes. Association and board meetings are open to all unit owners, but the board may convene closed executive sessions for personnel, litigation, or other sensitive matters. Board meetings may be held remotely with notice and full director participation — except votes on fines, assessments, or membership suspensions, which require the affected member's opportunity to present a defense in person.
Association’s Lien for Assessments
The TUCA assessment lien. An assessment levied by a condominium association is a personal obligation of the unit owner and a continuing lien on the unit, rents, and insurance proceeds. The lien is created and perfected by recordation of the declaration — no separate lien filing is required. Priority runs ahead of every other lien except real property tax liens, encumbrances recorded before the declaration, and a first vendor's lien or first deed of trust recorded before the assessment became delinquent. The association may foreclose judicially or by nonjudicial sale.
Association Records
Records and audit requirements for TUCA condominium associations. The association must maintain detailed financial records that comply with generally accepted accounting principles, along with construction plans, board and owner meeting minutes, unit owner contact and voting records, and records of insurance coverage. Records must be "reasonably available" at the association's registered office for inspection by any unit owner. An independent audit by a certified public accountant is required annually, paid for as a common expense.
Management Certificate
TUCA management-certificate filing requirement. The condominium association must record in the real property records of each county where the condominium is located a management certificate listing specified identifying information about the condominium and the association. The association must record an updated certificate "not later than the 30th day after the date the association has notice of a change" in any listed information. The statute shields the association and its officers from liability for a recording failure unless the failure is intentional or grossly negligent.
Applicability of Resale Certificate Subchapter — Texas Uniform Condominium Act
Subchapter E, which contains §82.157, applies to each unit subject to
Chapter 82 except as subsection (b) provides. Subsection (b) names five
dispositions in which no resale certificate need be prepared or
delivered at all: a gift, a court-ordered disposition, a disposition by
a government or governmental agency, a foreclosure or deed in lieu, and
a disposition cancellable at any time for any reason without penalty.
Subsection (a) also permits the subchapter to be modified or waived by
the agreement of a purchaser in an all-nonresidential condominium.
Purchaser's Right to Cancel — Texas Uniform Condominium Act
Texas Uniform Condominium Act purchaser cancellation right. A unit purchaser who does not receive the declaration, bylaws, association rules, and resale certificate before contract execution may cancel the contract before the sixth day after receiving those documents. Subsection (c) explicitly names this "the five-day cancellation period." Cancellation is by hand-delivered or certified-mail written notice; no penalty; all payments refunded. No statutory HOA equivalent under Chapter 207 — this is condominium-only.
Resale Certificate — Texas Uniform Condominium Act
Texas Uniform Condominium Act resale certificate requirement. §82.157(a) enumerates 14 disclosure items at (a)(1)–(a)(14) and embeds a 90-day currency rule in the opening sentence ("must have been prepared not earlier than three months before the date it is delivered"). §82.157(b) sets a 10-day delivery window after the unit owner's written request and provides a sworn-affidavit fallback if the association fails to deliver. §82.157(f) — added by SB 711 (89th Leg., R.S.), effective September 1, 2025 — caps the certificate-preparation fee at $375. The condominium purchaser cancellation right is the separate §82.156 — a 5-day window from receipt of the required documents.
Source: Texas state legislature. Statutes verified by CommunityPay. Last verified May 2026.
Recent Legal Changes (Last 12 Months)
View full change feed →
Sep 1, 2025
SB 711 (89th Leg., R.S., 2025) added Tex. Prop. Code §82.157(f), capping the condominium resale-certificate preparation fee at $375 ("a reasonable and necessary fee, not to exceed $375, to furnish a resale certificate under Subsection (a)"). The condominium resale certificate was previously uncapped. The corpus threshold TX_RC_FEE_CAP_CONDO ($375) and the tx_condo_82 profile fee cap were set to reflect this amendment. Effective September 1, 2025.
Tex. Prop. Code §82.157
· Statute amended
Drift detection: when a statute's text changes, dependent content is automatically flagged for review and re-verification. See all Texas changes →
Pending & Recent Texas HOA Legislation
Last action: May 13, 2025
Last action: Jun 1, 2025
Last action: May 26, 2025
4 HOA-relevant bills tracked for Texas · refreshed Oct 3, 2026 · Source: LegiScan
Frequently Asked Questions — Texas HOA Law
How much can a Texas HOA charge for a resale certificate?
Under Tex. Prop. Code §207.003, a Texas homeowners association may charge no more than $375 for preparing a resale certificate (the disclosure packet required when a unit is sold). Charges in excess of the statutory cap are not collectible from the seller or buyer.
Source: Tex. Prop. Code §207.003
How long does a Texas HOA have to deliver a resale certificate?
Under Tex. Prop. Code §207.003, a Texas association must deliver the resale certificate within 10 calendar days of a written request from the unit owner, prospective purchaser, or their representative. Missing the deadline carries statutory consequences — including, in many states, release of the buyer from any unpaid amounts the seller owed at the time of the request.
Source: Tex. Prop. Code §207.003
How much advance notice must a Texas HOA give for meetings?
Under Tex. Prop. Code §209.0056, a Texas association must give unit owners at least 10 days advance notice of meetings. The notice must specify the date, time, place, and agenda items to be considered. Actions taken at a meeting that violates the notice requirement may be voidable on owner challenge.
Source: Tex. Prop. Code §209.0056
What is the default quorum for Texas HOA owner meetings?
Under Tex. Bus. Org. Code §22.159, the default quorum at a Texas unit-owner meeting is 10% of the voting interests, measured at the start of the meeting. The bylaws or declaration may set a higher percentage but generally may not go below the statutory floor. Quorum may be satisfied in person or by proxy.
Source: Tex. Bus. Org. Code §22.159
Do owners have a right to inspect Texas HOA records?
Yes. Under Tex. Prop. Code §209.005, records must be made available within 10 business days of a written request and financial records must be retained for at least 7 years. The association may charge reasonable copying fees but may not impose access or retrieval fees designed to discourage inspection. Limited categories (attorney-client privileged material, executive-session records, owner-privacy data) may be withheld.
Source: Tex. Prop. Code §209.005
Does a Texas HOA assessment lien have priority over a first mortgage?
No. Texas does not grant HOA assessment liens super-priority over a first mortgage. Although Tex. Prop. Code §209.009 establishes the assessment-lien framework, the HOA's lien sits subordinate to a first-recorded mortgage. Recording date controls relative priority among the remaining junior liens. Collection still proceeds, but the lender does not face the forced-payoff risk seen in true super-priority states such as Washington, Colorado, and Nevada.
Source: Tex. Prop. Code §209.009
What is SB 711 and how does it affect Texas HOAs?
SB 711 () — "Relating to property owners' associations and condominium associations" — is pending governor signature and is scheduled to take effect on September 1, 2025. Senate Bill 711 (89th Legislature, Regular Session, 2025) amended Texas Property Code provisions governing property owners' associations and condominium unit owners' associations. Among other changes, it added Section 82.157(f): "An association may charge a reasonable and necessary fee, not to exceed $375, to furnish a resale certificate under Subsection (a)." This established, for the first time, a statutory cap on the condominium resale-certificate preparation fee (previously uncapped). The Act takes effect September 1, 2025.
Source: SB 711 ·
Answers derived from the Texas legal corpus. Every numeric value (fee caps, deadlines, percentages) is pulled from a primary-source statutory threshold record verified by CommunityPay.
Texas HOA Fee Benchmark
$359
Avg Median Monthly Fee
$120 – $2700
County Range
152777
Units Paying HOA Fees
Source: U.S. Census Bureau, American Community Survey 2023 5-Year Estimates (PUMS). 178 counties with data.
Communities by City
Austin
3621
Houston
2913
Dallas
2050
San Antonio
1446
Plano
536
Richardson
387
Allen
351
Mcallen
264
Fort Worth
250
Corpus Christi
215
Katy
206
Conroe
180
Spring
163
Cedar Park
158
Frisco
147
Sugar Land
143
New Braunfels
142
Laredo
129
Mckinney
119
El Paso
109
Irving
107
Friendswood
104
Cypress
103
Arlington
102
Temple
99
Southlake
98
Round Rock
97
Addison
92
Kingwood
91
Tyler
85
Waco
83
Tomball
82
The Woodlands
80
Bryan
79
Rockwall
78
Flower Mound
77
Shavano Park
73
Carrollton
71
Edinburg
67
Mission
65
Pipe Creek
65
Brownsville
64
Lubbock
63
Mansfield
63
Colleyville
62
Garland
61
Midland
61
Beaumont
59
Coppell
59
Humble
56
Georgetown
55
Lakeway
54
Longview
54
Boerne
51
Granbury
51
Galveston
50
Port Aransas
50
Corinth
49
Amarillo
48
Denton
48
Montgomery
47
Rockport
47
Bedford
44
Kerrville
44
Keller
41
Helotes
40
Abilene
39
Burleson
39
Grapevine
35
Livingston
35
Wimberley
35
Horseshoe Bay
34
Lewisville
34
Marble Falls
34
Harlingen
33
Burnet
32
Pearland
32
Red Oak
32
Canyon Lake
31
Richmond
30
Weatherford
30
Aledo
29
San Marcos
28
Farmers Brnch
27
Flint
27
Victoria
27
Magnolia
26
Fredericksbrg
25
Odessa
25
San Angelo
25
Spring Branch
25
Kingsland
24
Missouri City
24
Nacogdoches
24
Seguin
24
Spicewood
24
Mabank
23
Stafford
23
Baytown
22
Wichita Falls
22
Onalaska
20
Weslaco
20
Belton
19
Farmersville
19
League City
19
Midlothian
19
Willis
19
Bellaire
18
Lago Vista
18
Liberty Hill
18
Brenham
17
Desoto
17
Blanco
16
Deer Park
16
Salado
16
Seabrook
16
Euless
15
Leander
15
Waxahachie
15
Bullard
14
Chandler
14
Huntsville
14
Porter
14
Argyle
13
Buda
13
Lufkin
13
Pasadena
13
Trinity
13
College Station
12
Grand Prairie
12
Lampasas
12
Pflugerville
12
Sherman
12
Webster
12
Heath
11
Lakehills
11
Lucas
11
Port Isabel
11
Pottsboro
11
Rowlett
11
Texas City
11
Bee Cave
10
Coldspring
10
Kemah
10
La Vernia
10
Sealy
10
Angleton
9
Corsicana
9
Del Rio
9
Fair Oaks
9
Frankston
9
Hemphill
9
La Porte
9
Mesquite
9
Pharr
9
Wellborn
9
Yantis
9
Athens
8
Benbrook
8
Cleveland
8
Denison
8
Dickinson
8
Ingram
8
Lake Jackson
8
Lindale
8
Pointblank
8
Prosper
8
Alvin
7
Bandera
7
Bastrop
7
Bellville
7
Buchanan Dam
7
Bulverde
7
Canyon
7
Concan
7
Decatur
7
Freeport
7
Gardendale
7
Gun Barrel Cy
7
Hempstead
7
Hockley
7
Hunt
7
Hurst
7
New Waverly
7
Quinlan
7
Stephenville
7
Waller
7
Aransas Pass
6
Chappell Hill
6
Driftwood
6
Fulshear
6
Graford
6
Jarrell
6
Johnson City
6
Kerens
6
Little Elm
6
Malakoff
6
Orange
6
Rosenberg
6
Streetman
6
Whitney
6
Wylie
6
Aubrey
5
Azle
5
Bertram
5
Comfort
5
Crosby
5
Crowley
5
Dwg
5
Ennis
5
Fairview
5
Floresville
5
Greenville
5
Jonestown
5
Kyle
5
Lumberton
5
Mineola
5
Mount Vernon
5
Murphy
5
Needville
5
Olmito
5
Palacios
5
Pilot Point
5
Portland
5
Port Lavaca
5
Riverside
5
Rollingwood
5
Royse City
5
Schertz
5
Smithville
5
Texarkana
5
Tool
5
Alamo
4
Bay City
4
Brownwood
4
Cedar Creek
4
Cedar Hill
4
Converse
4
Crandall
4
Crystal Beach
4
Duncanville
4
El Campo
4
Fischer
4
Hallsville
4
Justin
4
Kennedale
4
Kilgore
4
Laguna Vista
4
Lytle
4
Marshall
4
Mason
4
Mc Queeney
4
Millersview
4
Mont Belvieu
4
Navasota
4
Pinehurst
4
Pittsburg
4
Port O Connor
4
San Juan
4
South Padre Island
4
Stanton
4
Terrell
4
Trinidad
4
Uvalde
4
Van Alstyne
4
Whitehouse
4
Alief
3
Anderson
3
Arp
3
Brock
3
Caldwell
3
Castroville
3
Center Point
3
China Spring
3
Comanche
3
Cresson
3
Cross Roads
3
Del Valle
3
Donna
3
Dripping Springs
3
Eagle Pass
3
Eustace
3
Fort Davis
3
Fredericksburg
3
Fritch
3
Fulton
3
Gainesville
3
Glen Rose
3
Grapeland
3
Gunter
3
Haslet
3
Jefferson
3
Junction
3
Kingsville
3
La Grange
3
Lake Dallas
3
Leakey
3
Liberty
3
Llano
3
Lorena
3
Marion
3
Matagorda
3
May
3
Natalia
3
New Caney
3
Nocona
3
Palmhurst
3
Ponder
3
Rancho Viejo
3
Rio Vista
3
Rocksprings
3
Rosharon
3
Sandia
3
Santa Fe
3
Sargent
3
Scroggins
3
Seven Points
3
Shenandoah
3
Snyder
3
Strawn
3
Taft
3
The Hills
3
Thornton
3
Universal Cty
3
Volente
3
Westlake
3
Winnsboro
3
Alpine
2
Anna
2
Bacliff
2
Beach City
2
Blessing
2
Bluff Dale
2
Boyd
2
Brazoria
2
Bridgeport
2
Briggs
2
Broaddus
2
Brookshire
2
Canton
2
Cibolo
2
Cisco
2
Cleburne
2
Colmesneil
2
Crockett
2
Damon
2
Dayton
2
Devine
2
Double Oak
2
Elgin
2
Emory
2
Fair Oaks Ranch
2
Florence
2
Forney
2
Franklin
2
Gatesville
2
Gilchrist
2
Gonzales
2
Gordon
2
Graham
2
Grandview
2
Harper
2
Hawkins
2
Hebbronville
2
Henderson
2
Hondo
2
Huntington
2
Ingleside
2
Kemp
2
Killeen
2
La Feria
2
Lancaster
2
Lavon
2
Leesburg
2
Lipan
2
Manor
2
Manvel
2
Marquez
2
Maypearl
2
Mcqueeney
2
Medina
2
Melissa
2
Menard
2
Mercedes
2
Mexia
2
Mirando City
2
Mountain Home
2
Murchison
2
New Ulm
2
Palmview
2
Pantego
2
Paris
2
Parker
2
Plantersville
2
Port Arthur
2
Port Neches
2
Princeton
2
Quitman
2
Riesel
2
River Oaks
2
Robinson
2
Saginaw
2
San Benito
2
Schulenburg
2
Seadrift
2
Seminole
2
Shepherd
2
Springtown
2
Sullivan City
2
Sunnyvale
2
The Colony
2
Trophy Club
2
Washington
2
West Columbia
2
West Lake Hills
2
White Oak
2
Wills Point
2
Woodcreek
2
Woodway
2
Zapata
2
Alanreed
1
Alba
1
Alice
1
Alton
1
Alvarado
1
Alvord
1
Avinger
1
Bangs
1
Bartonville
1
Beeville
1
Big Spring
1
Blue Ridge
1
Borger
1
Bowie
1
Bridge City
1
Buffalo Gap
1
Burton
1
Carthage
1
Castle Hills
1
Celina
1
Centerville
1
Channelview
1
Charlotte
1
Christoval
1
Clyde
1
Coleman
1
Columbus
1
Copper Canyon
1
Crawford
1
Cuero
1
Cut And Shoot
1
Danbury
1
De Kalb
1
Dimmitt
1
Dublin
1
East Bernard
1
Eastland
1
Eldorado
1
Elmendorf
1
Evant
1
Fairfield
1
Fate
1
Fresno
1
Garden Ridge
1
George West
1
Gilmer
1
Gladewater
1
Glenn Heights
1
Goodrich
1
Groves
1
Haltom City
1
Harker Heights
1
Harwood
1
Hewitt
1
Hico
1
Hidalgo
1
Hideaway
1
Highlands
1
Hilltop Lakes
1
Hitchcock
1
Hollywood Park
1
Hubbard
1
Hudson Oaks
1
Hutto
1
Industry
1
Iola
1
Iraan
1
Jacksboro
1
Jacksonville
1
Jasper
1
Jourdanton
1
Kempner
1
Kingsbury
1
Krugerville
1
Krum
1
La Joya
1
Lake Kiowa
1
La Marque
1
Lamesa
1
Lantana
1
Leon Valley
1
Live Oak
1
Liverpool
1
Lockhart
1
Lometa
1
Lone Oak
1
Loop
1
Los Fresnos
1
Manchaca
1
Markham
1
Marlin
1
Mcgregor
1
Meadowlakes
1
Mertzon
1
Milam
1
Milano
1
Millsap
1
Montague
1
Moore
1
Morgan
1
Mount Calm
1
Muleshoe
1
Nederland
1
Newark
1
Oakland
1
Odem
1
Ovilla
1
Ozona
1
Palo Pinto
1
Pattison
1
Perryton
1
Poth
1
Powderly
1
Ransom Canyon
1
Raymondville
1
Rhome
1
Richards
1
Riviera
1
Roanoke
1
Robert Lee
1
Robstown
1
Rockdale
1
Rogers
1
Round Top
1
Sachse
1
Sanger
1
San Saba
1
Santo
1
Selma
1
Shady Shores
1
Silsbee
1
Simonton
1
Skidmore
1
Slaton
1
Smiley
1
Sonora
1
South Houston
1
St Paul
1
Sulphur Springs
1
Sunset
1
Sunset Valley
1
Tahoka
1
Taylor
1
Tenaha
1
Terlingua
1
Thompsons
1
Thorndale
1
Tivoli
1
Tow
1
Tuscola
1
Valley View
1
Vidor
1
Watauga
1
Wharton
1
White Deer
1
Whitesboro
1
Willow Park
1
Windthorst
1
Wolfforth
1
Woodsboro
1
Woodville
1
Free download · Email gated
Download the Texas HOA & Condo Compliance Checklist
One PDF — every active Texas statute we track, statutory fee caps and time limits, recent legal changes from the last 12 months, and the resale-certificate disclosure profile. Built from CommunityPay's living legal corpus, the same data that drives our resale certificates, reserve reports, and CARI scoring.
- Statutory fee caps and time limits (resale, late fees, lien priority)
- Recent law changes with effective dates
- Resale & estoppel disclosure profile, item by item
No spam. CommunityPay uses your email to send the checklist and one follow-up at most.
Data sourced from Texas Secretary of State public registrations. Legal corpus maintained by CommunityPay's editorial team and traced to primary statute snapshots.
United States Payments and Accounting Governance Infrastructure for Community Associations