Texas HOAs are governed primarily by Property Code Chapters 209 and 202 plus recorded dedicatory instruments. Chapter 209 covers open meetings, records, fine notice-and-hearing rules, and assessment-lien foreclosure; Chapter 202 protects owner rights such as solar devices and flags that covenants cannot ban outright.
If you serve on a self-managed board in Texas, owners ask whether the HOA can fine them, foreclose, or stop them from installing solar panels or flying a flag. The answers live in the Texas Property Code plus your recorded dedicatory instruments.
This guide explains the Texas HOA law basics under Chapter 209 (the Texas Residential Property Owners Protection Act) and Chapter 202 (restrictive covenants), then links to city-specific compliance guides on KindHOA.
By the numbers: Texas has about 23,500 community associations housing roughly 6.4 million residents, per the Foundation for Community Association Research Fact Book 2025. Read the primary text in Property Code Chapter 209 and Chapter 202.
What governs Texas HOAs?
Most Texas property owners' associations operate under two parts of the Property Code:
- Chapter 209 — Texas Residential Property Owners Protection Act. Covers open board meetings, owner access to records, the required notice-and-cure process before fines, hearings, and assessment-lien foreclosure procedures.
- Chapter 202 — Construction and enforcement of restrictive covenants. Protects certain owner rights from covenant bans, including solar energy devices (§202.010), flag display (§202.011), rainwater harvesting, and religious displays.
Your dedicatory instruments (declaration, bylaws, rules) add private obligations, but they cannot override the protections the Property Code guarantees owners.
Start at the Texas compliance hub for a board checklist and city directory.
What three layers do Texas owners confuse?
- State law — Property Code Chapters 209 and 202 set the baseline.
- City and county code — Austin, Dallas, Houston, and your county handle zoning, short-term-rental registration, noise, and building permits.
- HOA covenants — your board enforces recorded restrictions on private lots.
A common question: "Can the HOA stop my solar panels?" Generally no — §202.010 limits an association's ability to prohibit solar devices, though it allows reasonable placement conditions. Cite the statute and your covenant when responding.
How do Texas fines, hearings, and foreclosure work?
Texas boards should:
- Send a written notice identifying the violation and a reasonable cure period before levying fines (§209.006–.0061).
- Offer the owner a hearing before the board where required.
- Apply payments in the statutory priority order and send the required pre-foreclosure notices; assessment-lien foreclosure in Texas often requires a court order or careful nonjudicial process, and owners have a 180-day right of redemption after an HOA foreclosure sale.
Confirm every lien and foreclosure step with Texas counsel. Use the free late fee calculator and read How HOA Late Fees Work.
Where are Texas city guides on KindHOA?
| City | Guide |
|---|---|
| Austin | Austin HOA regulations |
| Dallas | Dallas HOA rules |
| Houston | Houston HOA guide |
| Full directory | Texas compliance hub |
For organizing CC&Rs and owner-facing policies, see the HOA rules directory guide.
FAQ
What law governs HOAs in Texas?
Most Texas HOAs follow Property Code Chapter 209 (governance, fines, foreclosure) and Chapter 202 (covenant enforcement and owner rights) plus recorded dedicatory instruments.
Can a Texas HOA foreclose for unpaid dues?
Yes, but only after statutory notice and (often) a court order, and the owner has a 180-day redemption period after the sale. Always confirm the process with counsel.
Can a Texas HOA ban solar panels or flags?
Generally no. §202.010 limits solar-device bans and §202.011 protects flag display, subject to reasonable conditions.
How do Texas HOAs collect dues online?
Boards can invoice digitally and automate reminders — see How to Automate HOA Dues Collection Online.
Start your Texas HOA workspace free — dues, documents, and compliance checklists in one place.
Educational only, not legal advice. Confirm fine, hearing, lien, and foreclosure steps with Texas counsel.