Tex. Prop. Code §207.003
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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.
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Statutory Text
Verified Sep 5, 2026 · TX_LEG_CAPITOL
Sec. 207.003. DELIVERY OF SUBDIVISION INFORMATION TO OWNER. (a) Not later than the 10th business day after the date a written request for subdivision information is received from an owner or the owner's agent, a purchaser of property in a subdivision or the purchaser's agent, or a title insurance company or its agent acting on behalf of the owner or purchaser and the evidence of the requestor's authority to order a resale certificate under Subsection (a-1) is received and verified, the property owners' association shall deliver to the owner or the owner's agent, the purchaser or the purchaser's agent, or the title insurance company or its agent: (1) a current copy of the restrictions applying to the subdivision; (2) a current copy of the bylaws and rules of the property owners' association; and (3) a resale certificate prepared not earlier than the 60th day before the date the certificate is delivered that complies with Subsection (b). (a-1) For a request from a purchaser of property in a subdivision or the purchaser's agent, the property owners' association may require the purchaser or purchaser's agent to provide to the association, before the association begins the process of preparing or delivers the items listed in Subsection (a), reasonable evidence that the purchaser has a contractual or other right to acquire property in the subdivision. (b) A resale certificate under Subsection (a) must contain: (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; (2) the frequency and amount of any regular assessments; (3) the amount and purpose of any special assessment that has been approved before and is due after the resale certificate is delivered; (4) the total of all amounts due and unpaid to the property owners' association that are attributable to the owner's property; (5) capital expenditures, if any, approved by the property owners' association for the property owners' association's current fiscal year; (6) the amount of reserves, if any, for capital expenditures; (7) the property owners' association's current operating budget and balance sheet; (8) the total of any unsatisfied judgments against the property owners' association; (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; (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; (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; (12) a summary or copy of notices received by the property owners' association from any governmental authority regarding health or housing code violations …
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Assessment
| Ref | Requirement |
|---|---|
| (b)(2) | The certificate must state how often regular assessments are charged and the amount. |
| (b)(3) | The certificate must disclose any special assessments that have been approved but are not yet due as of the date of delivery. |
| (b)(4) | The certificate must show the total amount the owner currently owes the association. |
Compliance
| Ref | Requirement |
|---|---|
| (a-1) | 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. |
| (b)(11) | The certificate must describe any conditions on the property the board actually knows violate the subdivision restrictions, bylaws, or association rules. |
| (b)(12) | 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. |
| (b)(15) | The certificate must state whether the restrictions allow the association to foreclose its assessment lien on the property for unpaid assessments. |
| (b)(8) | The certificate must disclose any unsatisfied judgments against the HOA. |
| (b)(9) | 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. |
| (e) | Nothing in the statute makes the association walk the property before it issues a certificate, unless the association's own governing documents say so. |
| (g) | Only the party that ordered the original certificate may order an update, and only within 180 days of the original. |
Disclosure
| Ref | Requirement |
|---|---|
| (f) | An update is due within seven business days of the written request — a shorter clock than the ten business days the original certificate gets. |
Financial
| Ref | Requirement |
|---|---|
| (b)(13) | The certificate must state the amount of any administrative transfer fee the association charges for a change of ownership. |
| (b)(16) | The certificate must provide an itemized statement of all fees associated with the transfer of ownership — describing each fee, its payee, and its amount. |
| (b)(5) | The certificate must disclose any capital expenditures the HOA has approved for the current fiscal year. |
| (b)(7) | The certificate must attach the HOA's current operating budget and balance sheet. |
| (c-1) | 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. |
Governance
| Ref | Requirement |
|---|---|
| (b)(1) | The resale certificate must disclose any right of first refusal or other restraint on the owner's right to transfer the property. |
| (b)(14) | The certificate must state the name, mailing address, and telephone number of the association's managing agent, if any. |
Insurance
| Ref | Requirement |
|---|---|
| (b)(10) | The certificate must attach a certificate of insurance showing the HOA's property and liability coverage on common areas. |
Reserves
| Ref | Requirement |
|---|---|
| (b)(6) | The certificate must state the amount of capital expenditure reserves held by the HOA. |
What this means for your resale certificate
Tex. Prop. Code §207.003 drives 16 required disclosure items in the Texas Property Owners Association Act resale certificate.
- §207.003(b)(1) Restrictions on transfer of ownership
- §207.003(b)(2) Frequency and amount of regular assessments
- §207.003(b)(3) Approved special assessments not yet due
- §207.003(b)(4) Total of all amounts due and unpaid attributable to the property
- §207.003(b)(5) Capital expenditures approved by the association for the current fiscal year
- + 11 more disclosure items
References
- Tex. Prop. Code §82.157 Related to
Legal Topics
Articles Citing This Statute
- Texas Resale Certificates: What HOAs and Condos Must Disclose (b)(1), (b)(2), (b)(5), (b)(8), (b)(9), (b)(13), (b)(15), (a), (b)(16), (c) Primary
- Texas Resale Certificate Guide: Tex. Prop. Code §207.003 and §82.157 Requirements for Title Companies, Realtors, and Boards (b), (b)(4) Primary
Legal references last verified September 5, 2026.
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