General Information - Property Owners' Associations

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Property Owners' Associations Legal information about homeowners associations in Texas. Search this Guide Search View all pages in this guide
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General Information

Definition Texas HOA Laws Condominium Associations HOA Formation Finding HOA Information Buying a House Disputes Contact Information Research Credit Books & E-Books

Definition

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.

Texas HOA Laws

The statutes below are the ones we reference most frequently. Other laws may also apply.

Texas Law

Condominium Associations

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).

Texas Law

HOA Formation

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.

Texas Law

Finding HOA Information

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:

  • Check the property deed. The deed may list property restrictions or say which association the lot is part of.
  • Search the real property records. Associations are required to file certain documents with the county. Typically, the records are filed with the county clerk's office in the county where the property is located. Some counties may have a searchable database on their website.
  • Search the Homeowners' Association Management Certificate Database. The website is managed by the Texas Real Estate Commission (TREC).
  • Hire a lawyer to help with the search. A legal expert can ensure that you've covered all the bases.
Texas Law

Buying a House

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.

Texas Law

Disputes

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.

Texas Law

Contact Information

Here are several suggestions for getting answers to your property owners' association questions:

  • Contact the property owners association. This can be the fastest and most direct way to learn about specific rules and procedures.
  • Read the laws. We list a number of Texas laws governing property owners' associations.
  • Read the governing documents. Most rules for an association are created by the association itself.
  • Consult library resources. This guide provides a general overview of the law, but several library books offer a more comprehensive discussion on the topic. Our reference librarians can help you find additional information resources through our Ask a Librarian service.
  • Talk to a lawyer. Only an attorney can provide legal advice for a specific situation. The library's Hiring a Lawyer guide can help in your search for legal assistance. You may also contact the Texas chapters of the Community Association Institute (CAI) for local attorneys who specialize in property owners' association law.
  • Contact the HOA Hotline. The free Homeowner's Association Hotline is managed by the Houston chapter of CAI and is open to all Texas residents. While the hotline has no attorneys on staff, their HOA experts can provide valuable information on best practices in the industry.

Research Credit

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:

Books & E-Books

E-Books Books

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.

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  • Next: Records & Access >>
  • Last Updated: Dec 22, 2025 11:38 AM
  • URL: https://guides.sll.texas.gov/property-owners-associations
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Librarian Login Report a problem Subjects: Housing & Real Property Tags: bylaws, cc&r, hoa, homeowners association, restrictive covenants, subdivisions

Tag » How To Dissolve An Hoa In Texas