In Texas, an HOA can raise dues without a homeowner vote whenever the community’s governing documents give the board that authority, and state law imposes no cap on the amount or frequency of increases.1Texas State Law Library. Property Owners’ Associations – Assessments Whether your board needs your approval comes down to what your CC&Rs say and whether the board followed the procedures Texas law requires. Many communities cap how much the board can raise regular assessments on its own, and once a proposed increase crosses that cap, a membership vote is required. Others let the board set dues with no ceiling at all.
Where the Board’s Authority Comes From
An HOA’s power to set and raise dues comes from the Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and the bylaws. When you bought your home, you agreed to those documents as a binding contract. They define the board’s budget authority, the types of assessments it can levy, and any limits on how far it can go without asking you.
The most common limit is an annual cap. Many CC&Rs let the board raise regular dues by a set percentage each year without a vote, with typical caps running from 5 to 15 percent of the prior year’s assessment. Anything above the cap requires a membership vote, and the documents will spell out the approval threshold, often a simple majority of a quorum, sometimes a supermajority. If your CC&Rs contain no cap, the board technically has authority to raise dues by whatever amount it deems necessary, provided it follows the procedural rules in the documents and in state law.
Because every community’s documents differ, there is no single statewide answer. Read your own CC&Rs and bylaws first, paying close attention to any sections labeled “assessments,” “budget,” or “increases.”
Procedural Rules the Board Must Follow
Even when the CC&Rs give the board wide discretion, Chapter 209 of the Texas Property Code (the Texas Residential Property Owners Protection Act) adds procedural requirements. These rules don’t cap the dollar amount of an increase, but they control how the board approves one.
The Meeting Must Be Open
Any board meeting where an assessment increase is discussed or voted on must be open to all homeowners. The board cannot approve a dues increase behind closed doors. Executive session is limited to a narrow list of topics such as pending litigation, personnel matters, or contract negotiations, and even then the board must orally summarize any decisions and record them in the minutes. A dues increase doesn’t fit any of those categories, so the vote must happen during the open portion of the meeting. Electronic or phone meetings are permitted, but every owner present must be able to hear all board members, and the meeting notice must include access instructions.2State of Texas. Texas Property Code 209.0051 – Open Board Meetings
When a Homeowner Vote Is Required, It Must Be a Written Ballot
If your CC&Rs require a membership vote on an increase, the association must give written notice between 10 and 60 days before the meeting where the vote is taken. For a vote conducted outside a meeting, such as a mail-in ballot, notice must go out at least 20 days before the ballot deadline.3State of Texas. Texas Property Code 209.0056 – Notice of Election or Association Vote
Any homeowner vote on a proposed increase in regular assessments or on the adoption of a special assessment must be cast by written, signed ballot.4State of Texas. Texas Property Code 209.0058 – Ballots A show of hands at a meeting doesn’t count. This is one of the strongest procedural protections Texas law gives homeowners, and a board that skips it has handed you a clear basis to challenge the result.
Regular Dues vs. Special Assessments
Regular dues are the recurring payments that fund the association’s annual operating budget: landscaping, pool maintenance, insurance, common-area utilities, and similar predictable costs. Most CC&Rs let the board adjust these within the cap set by the documents, often without a homeowner vote.
A special assessment is a one-time charge for a major expense the operating budget and reserves can’t cover, such as repaving community roads or replacing a clubhouse roof. Texas law defines special assessments as charges for construction, reconstruction, unexpected repairs, replacement of capital improvements, maintenance of common areas, or other purposes stated in the governing documents.1Texas State Law Library. Property Owners’ Associations – Assessments Because these charges tend to be large and unexpected, most CC&Rs require a membership vote, and if a vote happens, the written-ballot rule applies.4State of Texas. Texas Property Code 209.0058 – Ballots
A modest bump in your monthly dues probably doesn’t require your approval. A $3,000 special assessment to fix storm damage almost certainly does. Check your CC&Rs for the specific thresholds.
How to Check Whether an Increase Was Properly Approved
Start with the numbers and the paperwork. Texas law requires your HOA to make its books and records, including financial records and the annual budget, available for your review. Submit a written request by certified mail describing what you want. If you ask to inspect in person, the association has 10 business days to provide dates and times for access. If you ask for copies, it must produce them within 15 business days.5State of Texas. Texas Property Code 209.005 – Association Records
Ask for the CC&Rs, the bylaws, the current and prior annual budgets, and the minutes of the meeting where the increase was approved. The minutes should show who voted, whether the meeting was properly open, and what justification the board gave. Compare the approved increase against any cap in the CC&Rs. If the increase exceeds the cap, confirm whether a membership vote was held and whether it used written, signed ballots. When reviewing the budget, look for line items that changed sharply year over year. An increase driven by a documented jump in insurance premiums is easier to accept than one driven by vague “administrative costs.”
What You Can Do About an Improper Increase
If the records show the board skipped a required step, you have real options. The strength of your challenge depends on the specifics, so build the case before picking a fight.
- Raise the issue in writing. Send the board a letter identifying the exact violation. Be precise: “Section 5.3 of the CC&Rs limits annual increases to 10 percent without a membership vote. The approved increase is 18 percent and no vote was held.” A board that receives a clear, document-backed objection often reverses course.
- Attend the next open meeting. Texas law guarantees your right to observe. Present your findings during any owner-comment period. Other homeowners may share your concern, and boards are more responsive when multiple owners are paying attention.
- Know the presumption you’re up against. Texas law presumes that a board’s exercise of discretionary authority over restrictive covenants is reasonable. To overcome that presumption, you’d need to show the board acted arbitrarily, capriciously, or in a discriminatory way. A clean procedural violation (skipping a required vote, holding a closed meeting) is usually easier to prove than arguing the dollar amount itself was unreasonable.6State of Texas. Texas Property Code 202.004 – Enforcement of Restrictive Covenants
- Consider mediation. Some governing documents include alternative dispute resolution provisions, and pursuing mediation before filing suit is typically faster and cheaper than litigation.
- Consult a real estate attorney. If the board won’t correct a clear violation, an attorney who handles HOA disputes can evaluate whether the increase is enforceable. Attorney’s fees can be significant, so get a realistic estimate early. In some cases, the CC&Rs or a court order may let the prevailing party recover fees.
What Happens If You Just Don’t Pay
Refusing to pay a disputed increase is risky. Even if you believe the hike was improper, Texas law gives HOAs significant collection power.
Before an HOA can charge you attorney’s fees or send your account to collections, it must send written notice by certified mail listing every delinquent amount, the total owed, and any available payment plans. You then get at least 45 days to pay before the association can begin the collection process.1Texas State Law Library. Property Owners’ Associations – Assessments That window is your best opportunity to pay under protest, negotiate a payment plan, or mount a formal challenge.
Unpaid assessments can become a lien on your property. Most CC&Rs let the association secure unpaid dues, fines, interest, and attorney’s fees with a lien, and Texas law reinforces this through a specific foreclosure process. An HOA generally cannot foreclose on an assessment lien without first obtaining a court order through an expedited foreclosure proceeding, though it may also pursue a traditional judicial foreclosure through a full lawsuit instead.7State of Texas. Texas Property Code 209.0092 – Judicial Foreclosure Losing a home over a disputed increase is rare, but the lien itself can block a sale or refinance long before foreclosure ever becomes a realistic threat.
If You’re on Active-Duty Military
The federal Servicemembers Civil Relief Act caps interest at 6 percent per year on debts you incurred before entering active service, and the cap applies to HOA assessments. The HOA must forgive any interest or fees above that rate retroactively and reduce your payments accordingly. To claim the benefit, send written notice and a copy of your military orders to the association no later than 180 days after your service ends.8United States Department of Justice. Your Rights as a Servicemember: 6% Interest Rate Cap for Servicemembers on Pre-service Debts The protection extends to joint debts where both you and your spouse are named on the account, but not to debts in your spouse’s name alone.