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HOA Rules in Texas

Understand Texas's HOA framework, the statute that controls disputes, and the restrictions you are most likely to encounter in a Texas community.

Controlling statute

Texas Residential Property Owners Protection Act, Tex. Prop. Code § 209

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Reviewed by the AskHOA editorial team · Updated August 8, 2026 · 13 min read

HOA law in Texas is set mainly by the Residential Property Owners Protection Act, Property Code Chapter 209, with restrictive covenants under Chapter 202 and condominiums under Chapter 82. Texas gives owners some unusually strong protections. An HOA must give you written notice and a chance to cure before it fines you, it generally cannot foreclose without going through a court, you get a 180-day right to buy your home back after a foreclosure sale, and the law bars associations from banning a long list of things, from solar panels and rain barrels to flags, standby generators, and firearms. The catch is that Texas has no state HOA regulator, so those rights are enforced in court. Here is how the framework works, with the citations.

The controlling statutes

Chapter 209 applies to a residential subdivision whose declaration lets the association levy regular or special assessments on all or most of the lots. Chapter 202 governs how restrictive covenants are enforced, and it tilts toward the association: covenants are "liberally construed," and an association's discretionary enforcement is presumed reasonable unless an owner shows it was arbitrary, capricious, or discriminatory. Resale disclosures live in Chapter 207, and condominiums follow the separate Uniform Condominium Act. Knowing which chapter applies matters, because foreclosure and redemption rules differ between subdivisions and condos.

Assessments, liens, and foreclosure

Texas makes it hard to lose a home to an HOA quickly. Under § 209.0092, an HOA generally may not foreclose an assessment lien without first obtaining a court order through expedited foreclosure, and under § 209.009 it cannot foreclose at all when the debt is made up solely of fines or the attorney fees tied only to those fines. Before it can even file a lien, the association must send a sequence of notices and wait, and it may not file the lien before the 90th day after the second, certified-mail notice (§ 209.0094).

If a foreclosure does happen, you keep a 180-day right of redemption to buy the property back after the association mails the required post-sale notice (§ 209.011), which is one of the longest owner redemption windows in the country. Removing or adding the HOA's power to foreclose at all requires a vote of at least 67% of owners (§ 209.0093). Condominiums are on a different track: under § 82.113 a condo association may foreclose by nonjudicial power of sale, and the redemption period is 90 days. Our guide on when an HOA can foreclose covers the mechanics.

Owner rights: records, meetings, and elections

Records. You submit a written request by certified mail, and under § 209.005 the association must respond on or before the 10th business day, either producing copies or setting inspection dates. If it cannot meet that deadline, it must notify you and deliver the records no later than the 15th business day after that notice. Associations must also keep governing documents permanently and financial records for years under a required retention policy.

Meetings and elections. Regular and special board meetings must be open to owners, with closed executive sessions allowed only for narrow matters like litigation, personnel, and enforcement (§ 209.0051). Board members whose terms expire must be elected by owner vote, and notice of an election or vote must go out not later than the 10th day and not earlier than the 60th day before it (§ 209.0056). A governing-document provision that disqualifies an owner from voting is void.

Fines, enforcement, and where disputes go

Before an HOA fines you, suspends your common-area rights, or sues you over a covenant, § 209.006 requires written notice by certified mail that describes the violation, gives a reasonable cure period if the violation is curable and not a health or safety threat, and tells you of your right to request a hearing within 30 days. If you cure before the deadline, no fine may be assessed. An HOA that fines must publish an enforcement policy and fine schedule (§ 209.0061), and if you request a hearing the board must hold it within 30 days and give you the evidence packet at least 10 days ahead (§ 209.007).

Texas also protects owners on collections: required payment plans of at least three months (§ 209.0062), a payment "waterfall" that applies your money to assessments before fines (§ 209.0063), and limits on credit reporting (§ 209.0065). When a dispute cannot be resolved, an owner can sue the association for a Chapter 209 violation in the local justice court (§ 209.017). There is no state HOA regulator in Texas, and the Texas Real Estate Commission has no jurisdiction, so the courts are the forum. See Texas fines and enforcement and our guide on disputing an HOA violation.

What a Texas HOA generally cannot ban

Texas voids covenants that try to prohibit any of these:

  • Solar energy devices, including solar roof tiles as of 2025 (§ 202.010). See Texas HOA solar rules.
  • Rain barrels, composting, drought-resistant landscaping, and efficient irrigation, subject to reasonable screening and location rules (§ 202.007).
  • The U.S., Texas, and military-branch flags, and the HOA must allow at least one flagpole up to 20 feet (§ 202.012). See flags and political signs.
  • Religious displays motivated by sincere religious belief, with narrow safety exceptions (§ 202.018).
  • Permanently installed standby generators meeting the statute's specifications (§ 202.019), and lawful firearms and ammunition (§ 202.021).
  • Political signs from 90 days before an election through 10 days after, under Election Code § 259.002 (the HOA may require ground-mounting and bar signs larger than 4 by 6 feet).
  • Satellite dishes and antennas under about one meter, protected by the federal FCC OTARD rule rather than a Texas statute. See satellite dish rules.

Leasing is the notable gap. Texas has no statute broadly barring HOA rental caps, so rental restrictions are governed by your recorded declaration, which the courts read in the association's favor.

Recent changes Texas owners should know

  • 2025 session: HB 517 bars fining for brown or dormant turf during a mandated watering restriction and for 60 days after (§ 202.008); HB 431 added solar roof tiles to the solar definition; HB 621 bars an HOA from prohibiting owners from inviting government officials and candidates to address members in common areas (§ 202.013).
  • 2023 session: HB 614 required a published fine policy and schedule (§ 209.0061, effective January 1, 2024), and HB 886 tightened the pre-lien notice sequence.
  • 2021 session: SB 1588 was a broad reform of enforcement notices, hearings, payment priority, collections, and credit-reporting limits, and it remains the backbone of today's owner protections.

How to check your own Texas HOA

The statute sets a strong floor, but Texas courts read covenants in the association's favor, so the exact wording of your recorded declaration matters more here than in many states, especially on leasing, parking, and architectural control. Rather than read the whole packet, upload your governing documents and let AskHOA pull out the operative rules, flag the restrictions, and answer questions grounded in your association's own text with the clause cited. If you are still buying, pair this with our guide on reading CC&Rs before you buy.

Texas HOA law: frequently asked questions

What law governs HOAs in Texas?+

Subdivision homeowners (property owners) associations are governed by the Texas Residential Property Owners Protection Act, Property Code Chapter 209. Restrictive covenants generally fall under Chapter 202, resale disclosures under Chapter 207, and condominiums under Chapter 82 (the Uniform Condominium Act). Chapter 209 applies to a residential subdivision whose declaration lets the association levy assessments on all or most of the properties.

Can a Texas HOA foreclose on my home over unpaid dues?+

Only through a court. Under Property Code § 209.0092, a Texas HOA generally cannot foreclose an assessment lien without first getting a court order through expedited foreclosure, and it cannot foreclose at all on a debt made up solely of fines or the attorney fees tied to those fines (§ 209.009). If a foreclosure does happen, you have a 180-day right of redemption to buy the home back (§ 209.011). Condominiums differ: they can use a nonjudicial power of sale and carry a 90-day redemption period (§ 82.113).

Can a Texas HOA fine me without warning?+

No. Under Property Code § 209.006, before an HOA can fine you, sue you (other than to collect assessments), or suspend your common-area rights, it must send written notice by certified mail describing the violation, giving a reasonable time to cure if the violation is curable, and telling you of your right to request a hearing within 30 days. If you cure before the deadline, no fine may be assessed. HOAs authorized to fine must also publish a fine schedule (§ 209.0061).

How long does a Texas HOA have to give me records?+

You submit a written request by certified mail, and under Property Code § 209.005 the association must respond on or before the 10th business day (either producing copies or setting inspection dates). If it cannot meet that deadline, it must notify you and provide the records no later than the 15th business day after that notice.

Can a Texas HOA ban solar panels?+

No. Property Code § 202.010 makes void any covenant that prohibits solar energy devices, and as of 2025 the definition expressly includes solar roof tiles. The HOA can still impose limited, specific restrictions (for example, on placement that does not raise cost by more than 10% or reduce output), but it cannot ban solar outright.

Can a Texas HOA restrict political signs and flags?+

Within limits. Political signs are governed by Election Code § 259.002: an HOA cannot prohibit a candidate or measure sign from the 90th day before an election through the 10th day after, though it may require ground-mounting, one sign per candidate or measure, and bar signs larger than 4 by 6 feet. For flags, Property Code § 202.012 bars an HOA from prohibiting the U.S., Texas, or a military-branch flag, and it must allow at least one flagpole up to 20 feet.

Can a Texas HOA stop me from renting out my home?+

Texas has no statute that broadly bars HOA leasing caps, so whether you can rent is controlled by your declaration and any amendments. Under Chapter 202, a covenant is liberally construed and the HOA’s discretionary enforcement is presumed reasonable, so read the leasing provisions of your CC&Rs carefully before counting on renting.

Where do I take a dispute with my Texas HOA?+

To court. An owner can sue the association for a Chapter 209 violation in the justice court for a precinct in the subdivision (§ 209.017). Texas has no state agency that regulates HOAs, and the Texas Real Estate Commission has no jurisdiction over them, so disputes are private and court-based.

▸Sources & citations (5)

This is general information, not legal advice. AskHOA is not a law firm. Texas HOA law changes often, so verify against the current statute and your recorded governing documents, or consult a Texas attorney for your situation.

Common HOA topics in Texas

Each topic explains what most TX HOAs require, plus the federal or state rules that override an HOA when they conflict.

Rental Restrictions in Texas

Most HOAs limit when, how, and to whom an owner can lease their property. Buyers and investors should review these clauses carefully before purchasing.

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Pet & Animal Policies in Texas

HOAs commonly regulate the number, size, breed, and conduct of pets. Service animals and emotional support animals have separate federal protections.

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Fines & Enforcement in Texas

When a homeowner violates the rules, the HOA can issue notices, levy fines, suspend privileges, place a lien on the property, and in some states pursue foreclosure.

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Architectural Review in Texas

Almost every HOA requires prior written approval before owners may modify the exterior of their home, landscaping, or anything visible from common areas.

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ADUs (Accessory Dwelling Units) in Texas

Accessory Dwelling Units — granny flats, in-law suites, casitas, and detached garage conversions — are increasingly regulated at the state level, but HOAs may impose additional restrictions.

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Parking & Vehicles in Texas

HOA parking rules cover where residents and guests may park, what kinds of vehicles are allowed, and how long vehicles may sit visible in driveways or on streets.

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Short-Term Rentals in Texas

Short-term rental platforms like Airbnb and VRBO have prompted nearly every HOA to address how short stays are regulated — and many now ban them outright.

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Solar Panels in Texas

Many homeowners want to install rooftop solar — and many HOAs want a say in where and how panels are placed. Most states have solar-access laws that override aesthetic-based restrictions.

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Flags & Political Signs in Texas

Federal law protects the display of the U.S. flag in HOAs. Most other flags and political signs remain at the HOA's discretion, subject to state and First-Amendment-style protections in some jurisdictions.

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Satellite Dishes & Antennas in Texas

Federal law sharply limits how HOAs may regulate satellite dishes and over-the-air antennas. Most blanket bans are unenforceable.

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HOA rules in nearby states

Your Texas HOA is unique — analyze yours

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