Texas statute reference · Tex. Prop. Code § 209.004
§ 209.004 - HOA Management Certificates
Section 209.004 is the public-notice backbone of Texas HOA transactions. The association records a management certificate in the county real-property records, files it with the Texas Real Estate Commission, and keeps it current. When it does not, the statute strips the association's ability to collect pre-transfer amounts from a bona fide purchaser.
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.
What boards need to know
A management certificate is the recorded document that tells the world how to reach the association and what fees apply to a transfer. Section 209.004(a) lists the required contents: the subdivision and association names, the recording data for the subdivision and the declaration, the association mailing address, the manager or designated-representative contact information, the website where the dedicatory instruments are posted, and the amount and description of any transfer fee.
Texas added a state-filing layer in 2021. Under § 209.004(b-1), the association has seven days after recording a certificate with the county to electronically file it with the Texas Real Estate Commission, which publishes the data on a public website. The county clerk indexes the recorded document as a “Property Owners' Association Management Certificate” under § 209.004(a-1).
The certificate must stay current. Section 209.004(b) requires an amended certificate to be recorded within 30 days of the association having notice of any change to the required information, with the same 7-day TREC filing duty applying to the amendment.
The consequences of not filing fall on the association, not the buyer. Under § 209.004(d) and (e), a failure to record means a bona fide purchaser, lender, or title company is not liable for amounts due on the transfer date, the lien reaches only amounts incurred after the sale, and the owner is not charged the association's collection attorney's fees or interest that accrued while the certificate was off file. Keeping the certificate recorded and filed is the cheapest lien-preservation step an association can take.
Key requirements
What the certificate must state
Tex. Prop. Code § 209.004(a)- Subdivision name and association name
- Recording data for the subdivision and declaration
- Association mailing address
- Manager or designated-representative contact information
- Website hosting the dedicatory instruments
- Amount and description of any transfer fee
Recording and state filing
Tex. Prop. Code § 209.004(a-1), (b-1)- Record in every county containing the subdivision
- County indexes it as a management certificate
- File electronically with TREC within 7 days of recording
- TREC publishes the data on a public website
Keeping it current
Tex. Prop. Code § 209.004(b)- Record an amended certificate within 30 days of notice of a change
- Same 7-day TREC filing duty applies to amendments
Consequences of failing to file
Tex. Prop. Code § 209.004(d), (e)- Bona fide purchaser not liable for amounts due on transfer date
- Lien enforceable only for amounts incurred after the sale
- Owner not liable for collection attorney's fees during the gap
- Owner not liable for interest that accrued during the gap
Key statutory text
Selected subsections, reproduced verbatim from the Texas Property Code. Full text at statutes.capitol.texas.gov.
§ 209.004(b-1) - state filing duty
Not later than the seventh day after the date a property owners’ association files a management certificate for recording under Subsection (a) or files an amended management certificate for recording under Subsection (b), the property owners’ association shall electronically file the management certificate or amended management certificate with the Texas Real Estate Commission. The Texas Real Estate Commission shall only collect the management certificate and amended management certificate for the purpose of making the data accessible to the general public through an Internet website.
§ 209.004(e) - effect of failure to file
A lien of a property owners’ association that fails to file a management certificate or an amended management certificate under this section to secure an amount due on the effective date of a transfer to a bona fide purchaser is enforceable only for an amount incurred after the effective date of sale. An owner is not liable for attorney’s fees incurred by a property owners’ association relating to the collection of a delinquent assessment against the owner or interest on the amount of a delinquent assessment if the attorney’s fees are incurred by the association or the interest accrues during the period a management certificate is not recorded with a county clerk or electronically filed with the Texas Real Estate Commission as required by this section.
Common questions about § 209.004
- What is a Texas HOA management certificate under § 209.004?
- Section 209.004 requires a property owners' association to record, in each county where any portion of the subdivision is located, a management certificate signed and acknowledged by an officer or the managing agent. The certificate states the subdivision name, the association name, the recording data for the subdivision and the declaration, the association's mailing address, the contact information for the person managing the association, the website where the dedicatory instruments are posted, and the amount and description of any property-transfer fees the association charges. The statute lists these required contents at § 209.004(a).
- Does a Texas HOA have to file the management certificate with the state?
- Yes. Under § 209.004(b-1), not later than the seventh day after recording a management certificate or an amended certificate with the county, the association must electronically file it with the Texas Real Estate Commission. The statute states the Commission collects the certificate only to make the data publicly accessible through an internet website. This state-filing duty was added by S.B. 1588 (2021).
- How quickly must a Texas HOA update its management certificate?
- Section 209.004(b) requires the association to record an amended management certificate not later than the 30th day after the date the association has notice of a change in any of the information the certificate is required to contain. The same 7-day TREC filing duty under § 209.004(b-1) then applies to the amended certificate.
- What happens if a Texas HOA fails to record its management certificate?
- Section 209.004(d) provides that if an association fails to record a management certificate, a purchaser, lender, or title company in a transaction involving property in the association is not liable to the association for any amount due on the date of transfer to a bona fide purchaser, or for any debt or claim that accrued before that transfer. Under § 209.004(e), the association's lien for an amount due on the effective date of transfer is enforceable only for amounts incurred after the sale, and the owner is not liable for the association's collection-related attorney's fees or interest that accrued while the certificate was not on file.
- Who counts as a bona fide purchaser under § 209.004?
- Section 209.004(f) defines a bona fide purchaser as a person who pays valuable consideration without notice of outstanding rights of others and acts in good faith, or a third-party lender who acquires a security interest in the property under a deed of trust. The protections in subsections (d) and (e) run to those parties when the association has not met its recording and filing duties.
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This is not legal advice. Consult Texas community-association counsel for your specific situation.