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Many people are familiar with the term "homeowners' association" or an "HOA." In Texas statutes, these organizations are known as "property owners' associations" or "POAs." Section 202.001 of the Texas Property Code defines a POA 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.
The following articles describe the purpose and functions of a property owners' association.
The following Texas statutes are the ones we reference most frequently, but other laws may also apply. If you need legal advice or help with a specific situation, consider talking to an attorney.
Note Condominium owners' associations are legally distinct from other types of property owners' associations. This guide's main focus is on property owners' associations in residential subdivisions. Most laws discussed in this guide will not apply to condominiums.
Most condominium associations are governed by the Texas Uniform Condominium Act (Chapter 82 of the Texas Property Code). Provisions in the Texas Condominium Act (Chapter 81) may apply to older condominium associations established before 1994.
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.
You will usually know if you are part of a property owners' association. You'll typically have to pay dues and abide by various neighborhood rules.
However, there are several other ways to find out if a property belongs to an association:
Texas Property Code, Section 5.008 requires sellers to disclose if they are aware of a "Homeowners' Association or maintenance fees or assessments." Examples of the notice forms are available through the Texas Real Estate Commission (TREC) and the Texas REALTORS.
In addition, Sect. 5.012 states that the seller must provide the buyer with a "Notice of Obligations Related to Membership in a Homeowners' Association." Both notices must be provided before the contract is signed or as part of the contract.
Not all property sales are subject to these mandatory disclosures. Talk to your real estate agent or consult an attorney for more information.
If the property is part of an association, the buyer may request a document called "resale certificate" and any governing documents of the association. The certificate summarizes the association's financial status, fee structures, and any unpaid debts owed by the property in question, among other information. Preparation of these records can cost up to $375.
There is no Texas state agency that oversees property owners' associations.
Talking to the board or checking the association's rules can sometimes resolve misunderstandings and disagreements. The association's governing documents will often provide a way to submit a complaint directly to the association.
If a property owners' association violates a provision of the Texas Residential Property Owners Protection Act, the property owner may sue the association in a Justice of the Peace court. Civil lawsuits can generally be filed in district courts as well, but the process tends to be more complex.
Mediation or alternative dispute resolution can be an option when the parties wish to reach an agreement without going to court.
Housing discrimination complaints may be submitted to the Texas Workforce Commission.
Consumer complaints may be submitted to the Texas Attorney General's Office.
Here are several suggestions for getting answers to your property owners' association questions:
Some sections in this guide were assembled with the help of Gregory S. Cagle's Texas Homeowners Association Law, 4th edition. In addition to listing many HOA-related Texas laws, it contains sample forms such as meeting notices, requests to inspect records, notices of fines, liens, and more.
The book is available in print at the State Law Library. To find it 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 or a public library near you.
