Texas HOA Laws: Property Owners' Rights Explained (2026)

If you own in a Texas HOA, your rights start with the Texas Property Code — notably Chapter 209 (the Residential Property Owners Protection Act) and Chapter 202 on restrictive covenants. Condo owners look to the Texas Uniform Condominium Act (Chapter 82).

General information, not legal advice. Texas law changes and details matter — confirm the current code and consult a Texas community-association attorney.

Meetings and records

Texas favors transparency: board meetings are generally open to owners, and owners can request the association’s books and records under a required records-production policy, within set timeframes and reasonable costs.

Enforcement and fines

Under Chapter 209, before an HOA can enforce many violations or fines, owners are generally entitled to written notice and an opportunity to cure. Selective or improper enforcement can be challenged.

Assessments, liens, and foreclosure

This is where Texas gives owners real protection. Before foreclosing an assessment lien, an HOA must follow strict notice steps, and owners have:

• A right to request a payment plan
• Notice and cure opportunities
• A post-sale right of redemption (commonly 180 days) to reclaim the property after an HOA foreclosure sale

Because the process is technical, an HOA that skips a step may not have a valid foreclosure — worth a legal review if you’re facing one.

Resale certificates & dedicatory instruments

Texas associations operate through recorded dedicatory instruments (the declaration, bylaws, rules), and provide resale certificates at sale that disclose dues, assessments, and violations. Buyers should read these closely.

If you’re in a dispute

Records requests, fine hearings, and foreclosure defense all have specific Chapter 209 steps. A Texas community-association attorney can quickly tell you whether the association followed them.