Note The library cannot tell you what the law means for your situation.
Many people are familiar with the term "homeowners' association" or "HOA." In Texas law, these organizations are known as property owners' associations (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 articles below describe the purpose and functions of a property owners' association.
The statutes below are the ones we reference most frequently. Other laws may also apply.
Note Most laws in this guide do not apply to condominiums. Condominium owners' associations are legally distinct from other types of property owners' associations like residential subdivision POAs.
Condominium associations are governed by the Texas Uniform Condominium Act (Chapter 82 of the Texas Property Code). Associations established before 1994 may be governed by the older Texas Condominium Act (Chapter 81 of the Texas Property Code).
Property owners' associations in Texas are typically formed as nonprofit corporations. They are business entities formally created under Texas law and registered with the Secretary of State.
Some POAs are not incorporated. If your association is not a nonprofit corporation, many laws cited in this guide will not apply.
Most people know if they belong to a property owners' association. There are dues to pay and neighborhood rules to follow. However, there are several 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:
If you can't visit the library in Austin, these books might be available at a law library or a public library near you.
Note The library cannot tell you what the law means for your situation.
