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Property Owners Associations   Tags: hoa, homeowners association, restrictive covenants, subdivisions  

This legal research guide provides information on homeowners associations in Texas, including links to relevant statutes, practice aids, and information in “plain English.”
Last Updated: Mar 26, 2014 URL: http://guides.sll.texas.gov/property-owners-associations Print Guide RSS Updates

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Resources at the State Law Library

Below are some of the library resources that can provide further guidance on this topic. The Texas State Law Library has many other resources in addition to the highlights we present below. Please call us at (512) 463-1722 if you have any questions about these materials.

Cover Art
Homeowners association and you - Marlene Coleman; William Huss; Judge Huss
Call Number: KF 576 C65 2006
ISBN: 1572485515
Publication Date: 2006
This book discusses how homeowners associations work from the point of view of both a homeowner and a member of the board of directors. Topics covered include community living, the structure of an association, conflict resolution, financial management, communication and procedure for meetings. This book includes a glossary of terms, sample letters, forms, and checklists to assist the running of an association.

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New neighborhoods: the consumer's guide to condominium, co-op, and HOA living - Ryan Poliakoff; Gary Poliakoff
Call Number: KF 576 P655 2009
ISBN: 9781934572184
Publication Date: 2009
This title, written for the layperson, details the most important aspects of buying or living in a shared-ownership community (SOC) and provides information on how to effectively serve as a board member or volunteer. Issues discussed include: owners’ rights and responsibilities; how to determine if an SOC is right for you; how associations operate, collect money, and hold meetings and elections; and covenants, conditions, and restrictions which govern an SOC.

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Texas homeowners association law, 2nd ed - Gregory S. Cagle
Call Number: KFT 576 C34 2013
ISBN: 9781938223785
Publication Date: 2013
Written by an Austin-based attorney experienced in representing homeowners and homeowners associations, this title serves as an all-encompassing guide to the Texas and federal laws governing homeowners associations. Cagle writes about both the administration and operation of associations; the rights, duties, and responsibilities of associations; and answers common questions along the way. Also included are over 25 sample forms, case citations, and subject indexes.

Property Owners Associations

Many homes in Texas are located in subdivisions that are governed or managed by a homeowners association, or property owners association, as they are referred to in the state statutes. Property owners associations are granted certain powers under Texas state law. The information on this page will provide you with an overview of the legal powers and duties of property owners associations and your rights and responsibilities when dealing with them.

Texas Law

Below you will find references to areas of the Texas Property Code that govern property owners associations and issues related to property owners associations. All of Title 11 of the Property Code concerns property owners associations, but below are the chapters that we refer patrons to most frequently. If you find these statutes difficult to understand, you may want to look at the "plain English" resources on this page or speak to an attorney.

  • Texas Property Code ch. 204
    This chapter enumerates the powers of a property owners association in Texas.
  • Texas Property Code ch. 209
    Titled the "Texas Residential Property Owners Protection Act," this chapter outlines board governance and record-keeping, and provides protections for property owners regarding third party collections and foreclosures for assessment liens.
  • Texas Constitution and Statutes
    The remainder of Title 11 of the Property Code, which deals with restrictive covenants, can be found online here. Title 11 contains Chapters 201-215 of the Texas Property Code.

Explained in "Plain English"

Because Texas law may not be easy to understand, below you'll find a collection of resources that help to explain the law in "plain English."

 

Who Can I Contact?

  • Homeowners Association Hotline
    The Greater Houston Chapter of the Community Associations Institute provides a free hotline staffed by non-attorney experts in property owners association law. Homeowners can call or email the hotline for information about the operation of their property owners association.
 

Legal Research Guides from the Texas State Law Library

The Texas State Law Library reference librarians have compiled legal research guides for specific areas of the law. These guides contain resources that can help you research a legal issue. The American Association of Law Libraries has a guide for Non-Lawyers on How to Research a Legal Problem. If you have any questions, please contact us at (512) 463-1722 or at library@sll.texas.gov.

Important:

The information provided on this page has been prepared for general information purposes only and should not be construed as, nor substituted for, legal advice. It is strongly recommended that you contact an attorney for advice specific to your fact situation. Your local bar association or the State Bar of Texas Lawyer Referral Information Service (1-800-252-9690) can assist you with locating an attorney.

Some of the electronic resources we refer to in this guide may be in PDF format. Adobe Reader or similar software is required to view PDFs.
 

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