Texas
Texas HOA, COA and POA laws
Property Owners Association Chapter 552, Government Code, Section 552.0036, Government Code. 552.0036 states that Property Owners Associations are subject to all of 552.
Texas Property Code, Title 11 (Restrictive Covenants) — especially:
Chapter 209: Texas Residential Property Owners Protection Act (governs residential HOAs/property owners’ associations).statutes.capitol.texas+1
Chapter 202: Construction and enforcement of restrictive covenants (dedicatory instruments, filing, use restrictions).guides.sll.texas+1
Chapter 204: Powers of property owners’ associations in certain subdivisions.hopb
Chapter 207: Resale disclosure requirements for HOAs.governingdocs
Texas Property Code, Chapters 81 and 82: Condominiums (Chapter 81 for older condos; Chapter 82 Uniform Condominium Act for condos created on/after Jan. 1, 1994).governingdocs+1
Texas Business Organizations Code, Chapter 22: Nonprofit corporations (many HOAs are incorporated as nonprofits).guides.sll.texas
You can read the official text at the Texas Legislature’s site (e.g., Property Code Ch. 209) or via the Texas State Law Library’s HOA guides.
++++++++++
How do I file a complaint against an HOA in Texas?
Consumer complaints may be submitted to the Texas Attorney General’s Office. If a property owners’ association violates a provision of the Texas Residential Property Owners Protection Act (Texas Property Code, Chapter 209), the property owner may sue the association in Justice of the Peace courts. ++++++++++
Texas Legislature Main Site 2006 List of Legislator Contact info Bill Lookup
Bills for 2025 Session Legiscan
Past Bills - Dont believe online summaries of the bills or the Govt summaries. Go to the actual bill and read the bill.
R) HB 359 - Introduced Version - Author: Goodwin Relating to the authority of a property owners' association to assess a fine for discolored vegetation or turf during a period of residential watering restriction. HB 359/HB 517/SB 542: Prohibits HOAs from fining homeowners for brown lawns during drought-related watering restrictions. Status: HB 359 referred to committee; others pending 1.
HB 431 (Cortez): Expands solar energy rights by including "solar roof tiles" in protected installations. Status: Scheduled for public hearing 1.
HB 509 (Bucy): Protects door-to-door political canvassing and voter registration efforts in HOA communities. Status: Referred to Elections Committee 1.
SB 700, same as last years bill HB 918 HLRNG IS IN FAVOR OF THIS BILL
HB918 prohibits property owners' association from regulating the assembly, association, and speech of property owners or residents. Doesn't sound like much does it? But the bill prohibits the POA from denying residents the use of Association facilities to do so. SB 700 (Kolkhorst)/HB 918 (Partisan Bill): Prohibits HOAs from restricting residents’ rights to assemble, invite guest speakers (e.g., political candidates), or express views, unless violating public safety laws. Status: SB 700 introduced; HB 918 pending in committee 104.
2025 SB 711 - Introduced Version - Author: Hughes Relating to property owners' associations, including condominium unit owners' associations.A bipartisan bill addressing POA governance passed the Senate and is engrossed (50% progression) 2.
89(R) HB 918 - Introduced Version - Author: Schofield Relating to the authority of a property owners' association to regulate the assembly, association, and speech of property owners or residents. SB 700 (Kolkhorst)/HB 918 (Partisan Bill): Prohibits HOAs from restricting residents’ rights to assemble, invite guest speakers (e.g., political candidates), or express views, unless violating public safety laws. Status: SB 700 introduced; HB 918 pending in committee 104.
2025 HB1087 appears to end the process of having Boards fill vacancies on their own, but instead calls for vacancies to be filled by elections (special ones, if necessary). HRLNG IS IN FAVOR OF THIS BILL
89(R) SB 1935 - Introduced Version - Author: Hinojosa, Juan "Chuy" Relating to the composition and operation of a property owners' association board. (Hinojosa): Overhauls HOA board composition, requiring phased transitions to owner-elected majorities as subdivisions develop. It also caps annual assessment increases at 5% unless approved by a majority vote. Status: Referred to the Local Government Committee 1.
2025 Texas HB 2398 Short, sweeeeeet and Big Step forward if we can get this passed! HRNLG IS IN FAVOR OF THIS BILL
SB 2586/HB 4447 (Hickland/Flores): Mandates HOAs to file rules with the Texas Real Estate Commission (TREC) within seven days of a management certificate filing, with penalties for noncompliance. Status: Filed 1.
SB 2703/HB 4812 (Oliverson/Creighton): Clarifies that condominium declarations are not subject to subdivision platting requirements, streamlining development processes. Status: Filed 1.
HB 3381 Governance and Board Operations (Rosenthal): Prohibits individuals from serving simultaneously as the president of an HOA board and a municipal utility district (MUD) board. Status: Referred to the Trade, Workforce & Economic Development Committee 1.
HB 3908 Fines, Violations, and Enforcement (Gerdes): Requires HOAs to issue violation notices within 180 days of an infraction and imposes deadlines for levying fines. Status: Filed 1.
89(R) HB 3913 - Property Use and Restrictions Introduced Version - Author: Harless Relating to the licensing and regulation of certain real estate professionals by the Texas Real Estate Commission.
HB 4356 (Toth): Bars HOAs from restricting political signage, aligning with Election Code provisions for political messages. Status: Filed 1.
HB 4447/SB 2586 (Hickland/Flores): Mandates HOAs to file rules with the Texas Real Estate Commission (TREC) within seven days of a management certificate filing, with penalties for noncompliance. Status: Filed 1.
HB 4566 (Kitzman): Modernizes records requests by allowing digital submissions (e.g., email, website portals) instead of requiring certified mail. Status: Filed 1.
HB 4812/SB 2703 (Oliverson/Creighton): Clarifies that condominium declarations are not subject to subdivision platting requirements, streamlining development processes. Status: Filed 1.
HB 5011 (Reynolds): Allows homeowners to withhold assessments during litigation against an HOA. Status: Filed 1.
HB 5225 (Alders): Limits HOA authority to impose "unreasonable" fines and assessments. Requires voter approval for significant assessment hikes and prohibits liens for minor fines. Status: Filed 1.
HB 5438 (Bhojani): Prohibits HOAs from enforcing leasing restrictions for terms over six months or imposing occupancy limits beyond state standards. Status: Filed 1.