No single state agency regulates HOAs in Texas. The Legislature has written homeowner protections into the Property Code, but enforcing them is largely left to the associations themselves and, when that fails, to the civil courts. The Secretary of State and the Texas Real Estate Commission handle narrow paperwork functions. The Attorney General steps in only for deceptive business practices. None of these offices will investigate a board that ignores its own bylaws, overturn a questionable fine, or force your HOA to hold a fair hearing. That gap between what homeowners expect and what the state actually provides is where most frustration lives.
What Texas Law Gives Homeowners
The Texas Residential Property Owners Protection Act, codified as Chapter 209 of the Property Code, is the primary state law governing subdivision HOAs.{mfn_note} It sets a floor of homeowner rights that no governing document can override. If your CC&Rs conflict with Chapter 209, the statute wins. Most of these protections apply to associations with more than 14 lots.
Open Meetings
HOA boards cannot make decisions behind closed doors. Chapter 209 requires members to receive notice of every regular or special board meeting, including the date, time, location, and general subject matter. For regular meetings, the association must either mail notice at least 10 days ahead or post notice conspicuously and email it at least 144 hours beforehand. Special meetings require at least 72 hours of posted and emailed notice.{mfn_note_2}
Notice and a Hearing Before Enforcement
Before an HOA can fine you, the association must send written notice by certified mail describing the violation, stating any amount owed, and giving you a reasonable period to fix the problem if the violation is curable and doesn’t threaten public safety.{mfn_note_3} The notice must tell you that you have 30 days from the mailing date to request a formal hearing before the board, and it must inform military service members of their potential protections under the Servicemembers Civil Relief Act.
If you request a hearing within that 30-day window, the association must hold it within 30 days of receiving your request and notify you of the date, time, and location at least 10 days beforehand.{mfn_note_4} The association must also send you a packet containing every document, photograph, and communication it plans to introduce. If that packet arrives late, you automatically get a 15-day postponement.{mfn_note_5} At the hearing, the association presents its case first, then you respond. Either side can request one postponement of up to 10 days. These hearing requirements do not apply when the association files for emergency injunctive relief or foreclosure.
Records Access
Owners have the right to inspect the association’s books and records under Section 209.005. Associations with more than 14 lots must maintain a formal records retention policy. Financial records, tax returns, audit reports, and board and member meeting minutes must be kept for at least seven years. Formation documents, bylaws, and restrictive covenants must be retained permanently.{mfn_note_7}
Payment Plans and Foreclosure Limits
Associations with more than 14 lots must offer a payment plan for delinquent assessments. The minimum term is three months, and no additional monetary penalties can accrue while you’re making payments under the plan.{mfn_note_13}
One of the most consequential protections: an HOA cannot foreclose if the debt consists solely of fines, attorney fees tied to fines, or certain charges added to your account under Sections 209.005(i) or 209.0057(b-4).{mfn_note_15} Foreclosure is only on the table when you actually owe assessments.
Property Uses the HOA Cannot Prohibit
Chapter 202 of the Property Code carves out specific property rights that no HOA rule can take away. Any covenant that violates these provisions is void.
- Solar energy devices on your roof or in a fenced yard you maintain. The association can regulate aesthetics but cannot ban installation. If an association-designated location would reduce energy production by more than 10 percent compared to your preferred spot, you can choose the better location.{mfn_note_8}
- Display of the United States flag, the Texas state flag, or any U.S. Armed Forces flag, subject to reasonable size and placement rules.
- Religious items displayed because of sincere religious belief, with exceptions for items that violate building setbacks, sit on common property, or attach to utility infrastructure.{mfn_note_9}
- Security cameras, motion detectors, and perimeter fencing on your own property. The association can regulate fence types and prohibit cameras placed on property that isn’t yours. This protection does not apply to condominiums.{mfn_note_10}
- Water-conserving turf and drought-resistant landscaping. The HOA can require a plan for review but cannot unreasonably deny approval.{mfn_note_11}
What the Secretary of State and TREC Actually Do
Two state agencies handle administrative functions for HOAs, and neither investigates disputes or penalizes bad boards.
The Texas Secretary of State oversees associations that are incorporated as nonprofit corporations under the Texas Business Organizations Code.{mfn_note_19} The association must file formation documents, maintain a registered agent, and submit periodic reports to stay in good standing. If it fails to comply, the Secretary of State can forfeit its corporate status. The office has no authority over how the board manages the community, handles violations, or spends your money.
The Texas Real Estate Commission maintains a public database of HOA management certificates. Under Section 209.004, every association must file a management certificate containing the subdivision name, the association’s contact information, recording data for the declaration, and any transfer-related fees.{mfn_note_20} The consequences of not filing are real: the association’s lien against a property sold to a good-faith buyer is enforceable only for amounts incurred after the sale date, and the association cannot collect attorney fees or interest that accrued during the period it failed to maintain its certificate.{mfn_note_21}
Neither office will help you resolve a fine dispute, overturn a board election, or force the board to follow its own bylaws. Their involvement begins and ends with making sure the entity exists on paper.
The Attorney General’s Narrow Role
The Texas Attorney General does not regulate HOAs in any routine sense. The office treats the relationship between a homeowner and an association as a private civil matter. Its involvement is limited to situations where an association’s conduct rises to deceptive or unconscionable business practices under the Texas Deceptive Trade Practices-Consumer Protection Act.{mfn_note_22} That is a high bar. It generally requires a pattern of conduct that exploits consumers’ lack of knowledge to a grossly unfair degree.
If you believe your HOA is engaged in systematic fraud or deceptive practices, you can file a consumer complaint through the Attorney General’s website.{mfn_note_23} For the typical dispute over fines, landscaping rules, or board overreach, the AG’s office will refer you to a private attorney. The office does not interpret bylaws, mediate fine disputes, or overturn board decisions.
Courts: Where HOA Disputes Actually Get Decided
Because no state agency polices HOAs, the civil court system is where enforcement happens. Judges can order an association to stop a specific action, compel the production of records, or award damages when the association has violated the Property Code or its own governing documents.
Justice of the Peace courts handle HOA-related civil claims where the amount in controversy is $20,000 or less, including attorney fees.{mfn_note_24} These courts are relatively accessible and don’t require a lawyer, though having one helps. Larger disputes involving property titles, significant financial claims, or requests for injunctions are filed in district court.
The prevailing party in a lawsuit based on breach of a restrictive covenant is entitled to recover reasonable attorney fees.{mfn_note_25} That provision cuts both ways. If you sue the HOA and lose, you may be on the hook for the association’s legal costs.
For disputes that don’t justify litigation, either party can seek mediation. Chapter 209 specifically allows a party in an HOA lawsuit to file a motion to compel mediation when the notice-and-hearing requirements of Sections 209.006 and 209.007 apply.{mfn_note_6}
Condominiums Are Governed Separately
If you own a condominium, Chapter 209 does not apply to you.{mfn_note_26} Condominium associations are governed instead by Chapter 81 for condos created before 1994, or Chapter 82, the Texas Uniform Condominium Act, for those created after. The hearing rights, payment plan requirements, and foreclosure restrictions described above apply only to subdivision HOAs. Condo owners should review the chapter that applies to their property.