Texas statute reference · Tex. Prop. Code Ch. 209
Texas Residential Property Owners Protection Act
Chapter 209 is the framework Texas subdivision HOAs operate within. It is deliberately owner-protective: records access is broad, enforcement requires notice and a cure period, and foreclosure requires a court order. Sections below link to verbatim statute text with plain-English orientation.
Statute text reproduced from the Texas Property Code; editorial summaries by the Common Elements editorial team. Not legal advice; not a substitute for Texas counsel.
Current as of 2026-05-29.
Tex. Prop. Code § 209.004Amended by S.B. 1588 (2021)§ 209.004 - Management certificates
Requires the association to record, in each county containing the subdivision, a management certificate identifying the association, its manager, transfer fees, and the website hosting the dedicatory instruments, and to file it with the Texas Real Estate Commission within seven days. Failure to record limits the lien against a bona fide purchaser.
- Required certificate contents
- 7-day TREC electronic filing duty
- 30-day amendment deadline
- Bona-fide-purchaser protections on failure to file
Tex. Prop. Code § 209.005§ 209.005 - Association records
One of the most detailed HOA records-access regimes in the country. Sets the certified-mail request, a 10-business-day production clock, a recorded cost policy capped at 1 T.A.C. § 70.3 rates, document-retention schedules, and a justice-court remedy with attorney's fees.
- Certified-mail request to the certificate address
- 10-business-day production clock
- Recorded cost policy required before charging
- Justice-court remedy with attorney's fees
Tex. Prop. Code § 209.006§ 209.006 - Notice required before enforcement action
Requires certified-mail notice before an association suspends a common-area use right, files a non-collection suit, charges for damage, fines, or reports a delinquency to a credit bureau. The notice must state the violation, a 30-day hearing-request right, and a cure period, and the statute itself lists curable and uncurable examples.
- Certified-mail notice before enforcement
- 30-day hearing-request window
- Cure period for curable violations
- Statutory curable/uncurable examples
Tex. Prop. Code § 209.0061Added by H.B. 614 (2023)§ 209.0061 - Association policy; fines
Requires associations to adopt and record a fine schedule and enforcement policy, with the schedule available to owners. Added by H.B. 614 (2023) to standardize how fine amounts are set and disclosed.
- Recorded fine schedule and enforcement policy
- Schedule made available to owners
- Standardized fine-amount disclosure
Tex. Prop. Code § 209.0058§ 209.0058 - Ballots
Governs association written and electronic ballots - content, secrecy, and tabulation requirements for owner votes. Part of the S.B. 1588 (2021) voting-transparency package.
- Written and electronic ballot rules
- Ballot secrecy requirements
- Tabulation procedures
Tex. Prop. Code § 209.009§ 209.009 - Foreclosure sale prohibited in certain circumstances
Bars an association from foreclosing its assessment lien when the debt securing the lien consists solely of fines, fine-related attorney's fees, or amounts added under §§ 209.005(i) or 209.0057(b-4). The floor under every Chapter 209 foreclosure.
- No foreclosure for fines-only debt
- Includes fine-related attorney's fees
- Includes certain added records/recount charges
- Operates with § 209.0092
Tex. Prop. Code § 209.0091§ 209.0091 - Prerequisites to foreclosure: notice and opportunity to cure
Before applying for foreclosure under § 209.0092, the association must give subordinate deed-of-trust lienholders certified-mail notice of the delinquency and a cure period ending no earlier than the 61st day after mailing.
- Notice to subordinate deed-of-trust lienholders
- 60-day cure window from mailing
- Certified mail to the deed-records address
- Prerequisite to a § 209.0092 filing
Tex. Prop. Code § 209.0092§ 209.0092 - Judicial foreclosure required
With limited exceptions, an association may not foreclose its assessment lien unless it first obtains an expedited court order under Supreme Court rules. The owner may waive the expedited process, and the association may instead pursue an ordinary foreclosure judgment under TRCP 309 and 646a.
- Court order required before foreclosure
- Subject to § 209.009 fines-only bar
- Owner may waive expedited foreclosure
- Alternative judgment route under TRCP 309/646a
Tex. Prop. Code § 209.0093§ 209.0093 - Removal or adoption of foreclosure authority
Lets owners add or remove a foreclosure right in the dedicatory instruments by a vote of at least 67 percent of the total votes allocated, with a 10-percent petition right to call a special meeting on the question.
- 67% vote to add or remove foreclosure authority
- 10% petition right to call a special meeting
Tex. Prop. Code § 209.0094§ 209.0094 - Assessment lien filing
Addresses recording of the association's assessment lien and the notice that accompanies it. Read together with the management-certificate and foreclosure provisions.
- Recording the assessment lien
- Lien notice requirements
Tex. Prop. Code § 209.014§ 209.014 - Mandatory election required after failure to call regular meeting
Allows owners to compel an election if the association fails to call a required regular meeting, with a justice-court petition mechanism to order the meeting.
- Owner right to compel a regular meeting
- Justice-court petition mechanism
Chapter 209 FAQ
- What is the Texas Residential Property Owners Protection Act?
- Texas Property Code Chapter 209, the Residential Property Owners Protection Act, is the primary statute governing HOAs in Texas residential subdivisions. Enacted in 2001 and amended in several sessions since, it embeds owner-protective procedures for records access, enforcement notice, fining, and foreclosure. Chapter 209 governs subdivision HOAs; condominiums are governed by Chapter 82 (the Uniform Condominium Act).
- Does a Texas HOA need a court order to foreclose?
- Generally yes. Tex. Prop. Code § 209.0092 provides that, except for the waiver and judgment exceptions and subject to § 209.009, an association may not foreclose its assessment lien unless it first obtains an expedited court order under rules adopted by the Texas Supreme Court. The association must also satisfy the lienholder notice-and-cure prerequisite in § 209.0091 before filing.
- Can a Texas HOA foreclose for unpaid fines alone?
- No. Tex. Prop. Code § 209.009 bars foreclosure of an assessment lien when the debt securing the lien consists solely of fines, attorney's fees solely associated with those fines, or amounts added to the account under § 209.005(i) or § 209.0057(b-4). Fines can be pursued as a money debt but are not a basis to foreclose.
- Are Texas community association managers licensed by the state?
- No. Texas has no state CAM licensing requirement for community association managers. Managers operate under general business statutes and, where applicable, real-estate licensing rules. CAI offers voluntary credentials (CMCA, AMS, PCAM), but the state does not require them. This is a significant difference from Florida, which licenses CAMs.
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This is not legal advice. Consult Texas community-association counsel for your specific situation.