Texas HOA Laws: A Guide for Self-Managed Boards

This bill makes attending meetings and participating in elections and other voting opportunities more accessible by expanding the options that HOAs are required to offer to homeowners and volunteers.

• Owner and board meetings can be held virtually or by phone. In-person attendance is not mandatory.
• Boards must offer at least one of the following options for every voting process: voting by proxy, voting via an absentee ballot, and/or voting electronically.
• These rules allow for hybrid scenarios, mixing in-person and virtual elements to maximize participation.

What it means for HOAs: Illness, disability, travel, work commitments, and caregiving may no longer prevent homeowners from being active participants in the governing of their HOA, even when they can’t be physically present at board meetings or elections. Boards also have additional avenues for achieving a quorum, and there are fewer barriers to board service.

A relatively wide-ranging bill, SB 711 aims to increase transparency within associations and tighten a few restrictions regarding fees, property rights, and committees.

• All COAs managed by a management company, as well as condominiums with 60 or more units, must maintain a members-accessible website that houses all governing documents.
• Management certificates must be dual-filed with the county and the Texas Real Estate Commission (TREC) within 7 days.
• Resale certificate fees are capped at $375, blocking any surprise costs.
• Homeowners have the right to install security cameras and other safety features, but HOAs can still enforce reasonable restrictions on security fencing that may block amenities or other infrastructure.

What it means for HOAs: Maintaining a user-friendly web portal with easily accessible governing documents is no longer an option but a requirement for many communities. This puts less pressure on board members to search for and provide documents by request. And boards must be careful setting fees since they can no longer charge a fee in excess of $375 when a homeowner resells their home. 

Homeowners retain the right to host political meetings and guest speakers, but boards can still impose rules and regulations (such as facility rental fees) that apply to all events.

Your HOA cannot bar you from inviting political candidates or elected officials to speak in common areas. However, content-neutral rules regarding timing, fees, and occupancy may still be enforced.
What it means for HOAs: The board cannot deny political speech in common areas or residents assembling to listen based on political leanings, ideologies, or other biases. If you invite a speaker, expect to follow the same procedural rules as for any non-political event. The board can manage the logistics of the gathering, but not the content.

This bill addresses the perceived unsightliness of a brown lawn and the amount of power boards consume during periods of mandated water restrictions.

• No fines can be levied against homeowners for having brown lawns during municipally mandated water restrictions.
• This protection extends for 60 days after the restriction is lifted, giving lawns a chance to bounce back.

What it means for HOAs: City laws supersede HOA restrictions. If your local government forbids watering your lawns and other planting, the HOA cannot fine you for the results. Homeowners won’t be punished for following the law.

This statute provides further clarification to existing Texas HOA laws regarding solar energy. Specifically, it updates Property Code Section 202.010 to include solar roof tiles as protected solar energy devices.

• Boards cannot block the installation of solar roof tiles, just as they can’t block solar panels. 
• They can, however, apply reasonable restrictions addressing placement or safety

What it means for HOAs: Any confusion about whether solar roof tiles are protected under the existing law is clarified here. If you want to go solar, even with building-integrated tiles, the HOA cannot stop you on aesthetic grounds.

Another statute dealing primarily with transparency, this section regulates recordkeeping and access.

• Boards must make most records accessible to homeowners, but may withhold documents that reveal homeowner payment histories, violations and fees, employee records, or other private details.
• Homeowners have a right to inspect and copy financial records, contracts, board meeting minutes, and tax returns.
• When homeowners request to review records, associations must respond within a defined window. This is generally 10 business days, with a brief extension allowed when records can’t be produced in time.

What it means for HOAs: Your board cannot operate in secrecy, but your neighbors’ personal information is still protected. Homeowners have the right to review financial records and be aware of how their dues are being spent.  PayHOA’s document storage keeps records organized and accessible when homeowners ask.

Your HOA can fine you for violations, but it must first provide sufficient notice of the issue and an opportunity to fix it. 

• Homeowners must receive written notice of the violation before any fine is imposed. The notice should be specific and inform you of your options for dealing with the issue.
• Boards must allow a reasonable amount of time for homeowners to address the problem before imposing a fine.
• Homeowners also have the right to a hearing before any punishment is levied.

What it means for HOAs: Boards cannot surprise homeowners with fines. Homeowners are entitled to clear and specific notice, a chance to fix the issue, and a hearing before any penalty sticks. PayHOA’s HOA violation tracking tools help keep things fair by creating custom notices and tracking changes.

Fines cannot be set on a whim. Boards must establish and make available a fining policy that outlines how violations are handled and what recourse homeowners who are found to be in violation have.

• HOAs must publish and maintain a written policy covering violation categories, fine schedules, and hearing procedures.
• The policy must be posted on a publicly accessible website.
• Boards can vary fines on a case-by-case basis only if the enforcement policy explicitly reserves that authority.

What it means for HOAs: Boards have guidelines for handling violations and issuing fines, rather than starting from scratch in each case. Homeowners are aware of what constitutes a violation and how violations are handled. 

Texas HOA laws also stipulate the process that must take place before a board files a lien against a homeowner’s property.

• If unpaid dues have piled up to the point where a lien is appropriate, boards must provide the first notice by first-class mail or email.
• A second notice must be issued by certified mail at least 30 days later.
• Your HOA must wait at least 90 days after the second notice before officially filing a lien.

What this means for HOAs: Liens are a serious business and can lead to foreclosure. Texas homeowners are entitled to receive two formal notices and at least 90 days to resolve the debt before a lien is filed. Comprehensive and customizable HOA financial tools enable boards to generate notices and track waiting periods.

Boards can begin foreclosure proceedings only on real, unpaid HOA assessments (dues), not on administrative charges.

• HOAs cannot foreclose if what a homeowner owes is a fine, an attorney’s fee, or certain types of administrative charges.
• In most cases, foreclosure requires a judicial process.
• As with liens, strict notice requirements must be met before any legal action is taken.

What it means for HOAs: These laws reduce the legal risk for boards, as wrongful foreclosure is a huge liability. A homeowner cannot lose their home solely because of unpaid fines. Those situations require other forms of escalation.

A foreclosure is not the end of the road for homeowners seeking to pay off debt and reclaim their property. Texas HOA laws provide a path for homeowners to regain their foreclosed homes. 

• Homeowners have a 180-day redemption window following a foreclosure sale.
• Property can be reclaimed by paying the owed amount plus associated costs.

What it means for HOAs: Foreclosure doesn’t mean the process is over for the board. Foreclosed homeowners have approximately six months to settle their debt and reclaim their property.

Chapter 202 of Texas HOA laws defines restrictive covenants and explains how they’re interpreted and enforced.

• The creation, interpretation, and enforcement of CC&Rs and deed restrictions must comply with requirements governing how they are recorded, how ambiguities are interpreted, and which types of restrictions are considered invalid.
• HOAs cannot enforce covenants that violate state or federal law, such as blocking the installation of solar panels or the display of political signs (with certain restrictions).
• Whenever an HOA covenant conflicts with state law, the state law wins.

What it means for HOAs: Your HOA cannot enforce any covenants that violate Texas state law.

Chapter 209 also establishes baseline rules for resolving disputes.

• Homeowners must have the opportunity to participate in an informal conference or hearing before a fine is imposed.
• The outcomes of any such hearings must be documented by the board.
• Some disputes regarding how deed restrictions are interpreted and enforced can be subject to arbitration.

What it means for HOAs: The hearing process exists to protect homeowners and board members. Procedure and documentation are required to maintain fairness and transparency.