Texas HOA disclosure
What state law requires, what the standard resale packet leaves out, and the Texas-specific gotchas buyers should know before removing contingencies.
Primary statute: Texas Property Owners' Association Act (Texas Property Code Chapter 209). Together with the FCC Over-The-Air Reception Devices Rule (47 C.F.R. section 1.4000) and a handful of subject-specific statutes (solar, flags, EV charging, where applicable), these are the rules that override declaration and bylaw language inconsistent with them.
These are the TX rules that most commonly conflict with what the disclosure packet appears to say. Each one is worth a direct question to the HOA before contingency removal.
No statutory cap on dues increases
Texas law does not cap regular assessment increases
Texas Property Code Chapter 209 contains no statutory cap on how much a board may raise regular assessments year over year. Any cap exists only in the association's own governing documents. Buyers should read the CC&Rs for a dues-increase ceiling rather than assume the state limits it.
Solar covenants void
Section 202.010 voids any HOA prohibition on solar devices
An HOA may not prohibit solar energy devices; any such covenant is void by operation of law. The association may impose reasonable aesthetic conditions (panel below roofline, silver/bronze/black tones, prior architectural-committee approval) but may not refuse approval unless the device substantially interferes with neighboring use.
Flag rights protected
Section 202.012 guarantees flag display and a flagpole up to 20 feet
Owners have a statutory right to display the United States flag, the Texas state flag, or any U.S. armed forces flag, and to install at least one permanent flagpole up to 20 feet in the front yard. Boards may regulate flag size, lighting, and pole material - but cannot ban flags or pole installation outright.
Resale certificate is shorter than CA
The Texas resale package omits several disclosure categories California requires
Texas resale certificates typically cover dues, special assessments, transfer fees, and known violations. They do not generally bundle the reserve study, full audited financials, or insurance certificate that California sellers must include. Buyers should request these directly before contingency removal.
Foreclosure mechanics are stricter than they look
Many Texas HOA collections involve judicial foreclosure with court oversight
While statutory authority exists for nonjudicial foreclosure, many Texas HOA collection cases run through district court, which adds disclosure obligations the association may not surface in routine packets. The HOA's pending-litigation list and recent foreclosure history are worth a direct request.
Plain-English guides to the Texas statutes that most often clash with HOA governing documents. Each one explains the rule, what the board can still do, and what to check in the disclosure packet before you remove contingencies.
Texas Property Code 202.010
A covenant that bans a solar energy device is void. The board keeps narrow placement and color authority.
Texas Property Code 202.007
Landscaping and water conservation
Drought-resistant yards, water-conserving turf, and rain barrels are protected from an HOA ban.
Texas Property Code 202.019
An HOA cannot ban a permanently installed standby generator, and a screening rule that adds more than 10 percent to the cost is unenforceable.
Texas Property Code 209.00505
Architectural review and appeals
In subdivisions over 40 lots, a denial comes with a written reason and a right to a board appeal.
Texas Property Code 209.016
The HOA cannot screen or approve your tenant, or require a credit report. It can still set leasing rules like a minimum lease term.
Texas Property Code 209.006
Written notice, a cure period, and a hearing on request before the board can levy a fine.
Texas Property Code 209.0094
Since HB 886, a notice sequence over about 120 days has to run before the HOA can record an assessment lien.
Texas Property Code 209.0092
A court order is required before foreclosure, and a debt made up only of fines cannot trigger it.
Upload the full disclosure package - HOA documents plus any state-specific addenda - and HOA Notes runs a TX-calibrated analysis: every assertion in the resulting brief points to a page in the source packet, every state-law conflict is flagged with the statute citation, and a Risk Score 0 to 100 summarizes the overall exposure. The state-law cross-reference is keyed to the Texas statutes listed above. Delivered in under an hour.
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About this page
This is a general buyer guide for Texas HOA disclosure. HOA Notes is not a law firm and this is not legal advice. State statutes change; the citations above were current as of the page's last update. Consult a Texas real estate attorney before removing contingencies or relying on any state-law right described here.