Texas HOA Laws

Texas Property Code Chapter 209 (Residential Property Owners Protection Act)

Has HOA Statute

Complete compliance reference for Texas HOA and condo boards. Below you'll find late fee limits, violation notice procedures, reserve study requirements, collection rules, and meeting mandates — all based on current state statutes.

30

Day Cure Period

30

Day Grace Period

3

Day Board Meeting Notice

Yes

Hearing Required

Late Fee Rules

Maximum Flat FeeNo statutory cap
Maximum PercentageNo statutory cap
Cap Typereasonable
Minimum Grace Period30 days
Interest AllowedYes

Late fees must be "reasonable" per Property Code §209.0064. No specific statutory cap; governed by CC&Rs. 30-day notice before late fees.

Violation Notice Rules

Written Notice Period30 days
Cure Period30 days
Hearing RequiredYes
Hearing Notice10 days advance
Certified MailRequired
Max Fine / ViolationNo statutory cap
ADR RequiredNo
StatuteTex. Prop. Code §209.006–209.007

Notice must be sent via certified mail. Must include specific violation, cure deadline, and hearing rights. Owner has right to hearing before committee (not the full board).

Reserve Study Requirements

Study RequiredNot mandated
Funding WaivableYes — by owner vote
Budget DisclosureRequired
Visual InspectionNot required
StatuteTex. Prop. Code §209

No mandatory reserve study. Budget must be available to owners. Board has fiduciary duty to plan for major repairs.

Collection & Lien Rules

Lien AllowedYes
Min Days Before Lien30 days
Foreclosure AllowedYes
Pre-Lien NoticeRequired
Pre-Lien Notice Period30 days
Payment Plan RequiredYes

Must send 30-day pre-lien notice via certified mail. Payment plan must be offered. Non-judicial foreclosure allowed but with strict procedures.

Meeting Requirements

Board Meeting Notice3 days
Annual Meeting Notice10 days
Open MeetingsRequired
Minutes AccessibleRequired

Regular board meetings open to owners. Dedicated owner forum at each meeting per §209.0051.

General Compliance Notes

  • Texas has strong homeowner protections under Chapter 209.
  • Certified mail required for most enforcement notices.
  • Right to hearing before independent committee (not just the board).
  • HOA cannot prohibit display of certain flags, religious items, or solar panels.

Legal Disclaimer

This information is for general guidance only and does not constitute legal advice. HOA laws change frequently. Always consult a licensed attorney in Texas for specific legal questions regarding your community.

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