While most people refer to them as "homeowners' associations" or "HOAs," the term that Texas law uses is "property owners' association." These organizations are defined in Section 202.001 of the Texas Property Code as:

"[A]n incorporated or unincorporated association owned by or whose members consist primarily of the owners of the property covered by the dedicatory instrument and through which the owners, or the board of directors or similar governing body, manage or regulate the residential subdivision, planned unit development, condominium or townhouse regime, or similar planned development."

Many property owners' associations in Texas are formed as nonprofit corporations. This means that they are business entities formally created under Texas law and registered with the Secretary of State. For this reason, when asked questions about the functions of an HOA, our librarians often refer people to the Texas law on nonprofit corporations.

Some property owners' associations are not formally incorporated. If your association has not been incorporated as a nonprofit corporation, many of the laws cited in this guide will not apply.

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Incorporated vs. Unincorporated Nonprofits

There are many documents that are important to the operation of a property owners' association. They all serve different functions and purposes. This list may help you understand what documents you should look at to find out specific kinds of information.

• Subdivision Plats: establishes the location of lots, common areas, and easements.
• Declaration of Covenants, Conditions, and Restrictions: a list of rights and responsibilities that the homeowners and the property owners' association owe to each other. This document will include limitations on how property is to be used, built, maintained, etc.
• Articles of Incorporation (also called a Certificate of Formation): paperwork filed with the Secretary of State to formally establish the property owners' association as a legal entity. Most are incorporated as nonprofit corporations. The Articles of Incorporation will contain basic information about the association, including the initial Board of Directors. 
• Bylaws: instructions for how the property owners' association is to be run and managed. The bylaws will contain information regarding meetings, elections, governance by the Board of Directors, and more. 

Understanding Governing Documents

Many people ask us if there is a state agency that oversees property owners' associations. Unfortunately, there is not. If you are having problems with your HOA, you should first read the bylaws to see if they give you options for solving the problem, such as removing board members, changing the bylaws, or filing a complaint. If not, you may need to consult an attorney for assistance.

Section 209.017 of the Property Code (added in 2021 by Senate Bill 1588) allows a property owner in a subdivision association to sue the association in justice court if the association violates a provision of the Texas Residential Property Owners Protection Act, chapter 209 of the Property Code.

Another option is to contact the Community Association Institute of Greater Houston's HOA Hotline. While they are not attorneys, they do have experts in HOA best practices available to help you work through your problem.

Please note: Condominium owners' associations are distinct from property owners' associations in Texas law. This guide's main focus is on property owners' associations. Please see the link below for laws specific to condominium owners' associations.

We often hear from new homeowners who are not sure if their property is subject to a property owners' association. There are three ways that you can find out:

• As part of the home-buying process, you can request that the property owners' association give you a copy of the bylaws, rules, and restrictive covenants of the association and a "resale certificate," which summarizes the finances of the association and any outstanding money owed by the property. Section 207.003 Texas Property Code requires the association to give you this information, though they may charge you a fee for the resale certificate. As of September 1, 2021, Senate Bill 1588 amended Section 207.003 by capping the fee for a resale certificate to $375 and capping the fee at $75 for an update of a resale certificate.
• Check your deed. Your deed may list any restrictions or the name of the property owners' association that your property is subject to.
• Search the real property records in the county where your property is located. Property owners' associations are required to file certain documents in the real property records of the county clerk's office in the county where they are located. Some counties have online searches for their property records.

For general overviews of how property owners' associations function in Texas, please see the following links. The topics they discuss, such as assessments, meetings, voting, and foreclosures, are explained in more detail on the other pages of this guide.

Much of the information for this guide was assembled using Gregory S. Cagle's Texas Homeowners Association Law, 4th edition, as a source. In addition to being a wonderful cataloging of Texas law, it contains many sample documents such as meeting notices, requests to inspect books and records, notices of fines and liens, and more.

This item is available in print at the State Law Library.  To see if it is available at a library near you, check WorldCat.org:

Below are some print books and e-books that may provide further guidance. If you can't visit the Texas State Law Library in Austin, these books might be available at a law library near you or a public library near you.