Texas is one of the largest HOA states in the country. With more than 20,000 homeowners associations governing millions of residents, the legislature has built a substantial — and still evolving — statutory framework around community association governance. That framework lives primarily in the Texas Property Code, and if you serve on a Texas HOA board, it defines what you can and cannot do.

The core statute is Chapter 209, the Texas Residential Property Owners Protection Act. It applies to most residential HOAs in Texas and establishes baseline requirements for enforcement, meetings, records, and elections. Chapter 202 addresses restrictive covenants more broadly, including provisions for amending outdated CC&Rs. Together, these two chapters form the backbone of Texas HOA law.

Assessments and the Foreclosure Question

HOAs in Texas can assess homeowners as authorized by their CC&Rs. When assessments go unpaid, the association can place a lien on the property — and this is where Texas law gets controversial.

Texas is one of the few states that allows non-judicial foreclosure on HOA assessment liens. That means the association can foreclose on a homeowner's property for unpaid assessments without going through the court system. The process is faster and cheaper for the HOA, but it has drawn significant criticism from homeowner advocates who argue that losing a home over a few thousand dollars in unpaid dues — without a judge ever reviewing the case — is fundamentally unjust.

The Texas legislature has responded by tightening the requirements around non-judicial foreclosure in recent sessions, but it has not eliminated the mechanism. If your board is considering foreclosure action, this is an area where legal counsel is not optional.

Enforcement and Fines

Texas imposes specific procedural requirements on how HOAs enforce their rules. Before fining a homeowner, the board must provide written notice citing the specific CC&R provision that has been violated. The homeowner must then be given at least 30 days to cure the violation before fines can begin.

Beyond the cure period, the homeowner has the right to a hearing before the board. This is not a courtesy — it is a statutory requirement. The homeowner must have a meaningful opportunity to present their side before the board takes enforcement action.

Fines must be reasonable. Texas law does not specify a dollar cap, but fines that are clearly disproportionate to the violation invite legal challenge. Boards that impose $500-per-day fines for a garden gnome in the wrong location are not operating in the spirit of the statute.

Open Meetings

Chapter 209 requires that board meetings be open to members. Homeowners have the right to attend and to address the board at open meetings. This is a transparency requirement, and boards cannot circumvent it by conducting business through email chains or informal gatherings.

The board can hold executive sessions — closed meetings — for specific purposes: legal matters, contract negotiations, personnel issues, or enforcement discussions involving a specific homeowner. But the decision reached in executive session must be ratified in an open meeting. Executive session is not a workaround for avoiding member participation.

Records Access

Texas homeowners have the right to examine the association's books and records. When a homeowner submits a written records request, the board must produce the requested documents within 10 business days.

This is not a suggestion. Failure to produce records within the statutory timeframe can result in penalties. Boards that treat records requests as annoyances or stonewall homeowners who ask too many questions are exposing the association to legal liability. The statute is clear: the records belong to the membership, not the board.

Elections

HOA elections in Texas must follow the procedures set out in the bylaws and Chapter 209. Proxy voting is allowed but regulated — the legislature has imposed guardrails to prevent proxy abuse, which was historically used to entrench incumbent boards or maintain developer control.

Speaking of developer control: Texas law includes specific protections for the transition from developer to homeowner governance. Once the developer has sold enough lots, control must shift to the homeowners. Boards cannot use developer-era tactics — such as stacking proxies or manipulating quorum requirements — to maintain control after turnover.

Restrictive Covenant Reform

One of Texas's more practical statutory provisions addresses communities stuck with outdated CC&Rs. Chapter 202 includes a process for amending restrictive covenants when the original developer is defunct and the standard amendment process is practically impossible.

This matters more than you might think. Thousands of Texas communities were built decades ago by developers who are long gone. Their CC&Rs may reference obsolete standards, contain unenforceable provisions, or set amendment thresholds that no modern community can meet. Chapter 202 provides a path forward for these communities — not an easy path, but a real one.

Homeowner Protections for Specific Issues

Texas has enacted several targeted protections that override HOA restrictions in specific areas.

Solar panels. Under Property Code Section 202.010, an HOA cannot prohibit solar energy devices. The association can regulate placement — for example, requiring panels on a rear-facing roof — but it must allow at least one location on the property that receives adequate sunlight. A blanket ban on solar panels is unenforceable.

Flags and displays. Texas law protects the right to display the United States flag, the Texas state flag, and military service flags. The HOA can impose reasonable regulations on flagpole height and placement, but it cannot prohibit the display itself. This protection reflects a strong political consensus in Texas that has not been seriously challenged.

Drought-resistant landscaping. Property Code Section 202.007 prohibits HOAs from banning xeriscaping or water-conserving landscaping. In a state where water is a perpetual concern, the legislature decided that HOAs cannot force homeowners to maintain thirsty lawns during drought conditions. Boards that fine homeowners for replacing grass with native, drought-tolerant plants are on the wrong side of state law.

Recent Legislative Changes

The Texas legislature has been progressively strengthening homeowner protections over the past several sessions. The 2021 legislative session was particularly active, adding additional restrictions on the non-judicial foreclosure process and enhancing notice requirements across the board.

The trend is clear: Texas is moving toward greater transparency, stronger procedural safeguards, and more accountability for HOA boards. Boards that are operating on rules of thumb from a decade ago need to update their practices. What was permissible in 2015 may not be permissible today.

Texas-Specific Complications

Three issues are particularly challenging for Texas HOA boards.

Master-planned communities and MUDs. Texas has some of the largest master-planned communities in the country, and many of them overlap with Municipal Utility Districts. MUDs are political subdivisions that provide water, sewer, drainage, and other services — and they have their own taxing authority and governance structure. When a community is governed by both an HOA and a MUD, the jurisdictional complexity increases significantly. Homeowners may not even understand which entity is responsible for which service.

Non-judicial foreclosure. Despite legislative tightening, non-judicial foreclosure remains the most contentious issue in Texas HOA law. The debate is ongoing, and boards should expect continued legislative attention. In the meantime, any board considering foreclosure should treat it as a last resort, not a routine collection tool.

Management company regulation. Texas does not heavily regulate HOA management companies, which means the quality of management varies widely. Boards are responsible for overseeing their management company, and homeowners have limited direct recourse when the management company — rather than the board — is the source of the problem.

A Necessary Caveat

This article is educational, not legal advice. Texas HOA law is spread across multiple chapters of the Property Code and is amended regularly. The specific requirements that apply to your community depend on your governing documents, the size of your community, and the current state of the statute. If you are facing a governance dispute, enforcement action, or foreclosure situation, consult a Texas attorney who specializes in community association law.

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