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What do Texas HOA laws say about records, meetings and fines?

Texas HOA laws are Property Code chapter 209, which covers an association with mandatory membership whose declaration authorizes assessments and does not apply to a condominium (209.003); before it may levy a fine, the association or its agent must give written notice to the owner (209.006(a)).

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For property managers, landlords and HOA boards Sources read: 2026-10-29 Updated 2026-11-03

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Texas chapter 209 day, hour and year figures, with sources

Business days after the association receives an owner's written request to send inspection dates or produce copies (209.005(e), chapter 209: mandatory membership, assessments, not condominiums, not an association subject to Chapter 552, 209.005(b))10th business daystate (Texas); Texas Property Code chapter 209 as captured 2026-10-29 from statutes.capitol.texas.gov; Texas Property Code section 209.005, read 2026-10-29
Latest business day, after the association's delay notice, for records an association is unable to produce by the 10th business day (209.005(f), chapter 209: mandatory membership, assessments, not condominiums, not an association subject to Chapter 552, 209.005(b))15th business daystate (Texas); Texas Property Code chapter 209 as captured 2026-10-29 from statutes.capitol.texas.gov; Texas Property Code section 209.005, read 2026-10-29
Years an association composed of more than 14 lots retains financial books and records, board and owner meeting minutes, and tax returns and audit records (209.005(m), chapter 209: mandatory membership, assessments, not condominiums, not an association subject to Chapter 552, 209.005(b))seven yearsstate (Texas); Texas Property Code chapter 209 as captured 2026-10-29 from statutes.capitol.texas.gov; Texas Property Code section 209.005, read 2026-10-29
Hours, at least, of posted and e-mailed notice to members before a regular board meeting (72 before a special one), the alternative to mail sent 10 to 60 days before (209.0051(e), chapter 209: mandatory membership, assessments, not condominiums, not an association subject to Chapter 551, 209.0051(a), development period limit in 209.0051(i))144 hoursstate (Texas); Texas Property Code chapter 209 as captured 2026-10-29 from statutes.capitol.texas.gov; Texas Property Code section 209.0051, read 2026-10-29
Latest day, after the board receives an owner's hearing request, by which the association holds the hearing, for an owner entitled to an opportunity to cure (209.007(a)) (209.007(c), chapter 209: mandatory membership, assessments, not condominiums)30th daystate (Texas); Texas Property Code chapter 209 as captured 2026-10-29 from statutes.capitol.texas.gov; Texas Property Code section 209.007, read 2026-10-29
Days, at least, before the hearing that the association provides the owner a packet of its documents, photographs and communications, for an owner entitled to an opportunity to cure (209.007(a)) (209.007(f), chapter 209: mandatory membership, assessments, not condominiums)10 daysstate (Texas); Texas Property Code chapter 209 as captured 2026-10-29 from statutes.capitol.texas.gov; Texas Property Code section 209.007, read 2026-10-29
Days of automatic hearing postponement an owner entitled to an opportunity to cure (209.007(a)) gets when the association does not provide the packet within the 10 days in 209.007(f) (209.007(g), chapter 209: mandatory membership, assessments, not condominiums)15 daysstate (Texas); Texas Property Code chapter 209 as captured 2026-10-29 from statutes.capitol.texas.gov; Texas Property Code section 209.007, read 2026-10-29

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How can an owner see HOA records in Texas?

Under Texas Property Code chapter 209 (an association with mandatory membership whose declaration authorizes assessments; not condominiums, 209.003), for an association not subject to Government Code Chapter 552 (209.005(b)), 209.005(e), read 2026-10-29 on statutes.capitol.texas.gov, has the owner send a written request by mail naming the books and records and choosing inspection or copies; the association must then send written notice of dates for an inspection, or produce the requested books and records, on or before the 10th business day after the date the association receives the request (209.005(e)).

Under chapter 209 (mandatory membership, assessments; not condominiums), for an association not subject to Government Code Chapter 552 (209.005(b)), if the association is unable to produce the records by that 10th business day, the association must provide to the requestor written notice that states a date not later than the 15th business day after the date that notice is given (209.005(f)).

Under chapter 209 (mandatory membership, assessments; not condominiums), for an association not subject to Government Code Chapter 552 (209.005(b)), 209.005(q) defines the day it counts: “For the purposes of this section, "business day" means a day other than Saturday, Sunday, or a state or federal holiday.” (Texas Property Code section 209.005)

Under chapter 209 (mandatory membership, assessments; not condominiums), for an association not subject to Government Code Chapter 552 (209.005(b)), the association is not required to release records that identify an owner's violation history, personal financial information, contact information other than the address, or employee files (209.005(k)), and an attorney's files are not records of the association (209.005(d)).

If owners ask to see the paperwork for a common-area repair, a board can post that job on InstaBids and keep the written bids it gets side by side.

What records does a Texas HOA have to keep?

Under Texas Property Code chapter 209 (an association with mandatory membership whose declaration authorizes assessments; not condominiums, 209.003), for an association not subject to Government Code Chapter 552 (209.005(b)), 209.005(m), read 2026-10-29 on statutes.capitol.texas.gov, a property owners' association composed of more than 14 lots shall adopt and comply with a document retention policy under which certificates of formation, bylaws, restrictive covenants and their amendments are retained permanently, financial books and records seven years, account records of current owners five years, contracts with a term of one year or more four years after the expiration of the contract term, minutes of owner and board meetings seven years, and tax returns and audit records seven years (209.005(m)).

Under chapter 209 (mandatory membership, assessments; not condominiums), for an association not subject to Government Code Chapter 551 (209.0051(a)) and with the development period limit in 209.0051(i), 209.0051(d) reads: “The board shall keep a record of each regular or special board meeting in the form of written minutes of the meeting. The board shall make meeting records, including approved minutes, available to a member for inspection and copying on the member's written request to the property owners' association's managing agent at the address appearing on the most recently filed management certificate or, if there is not a managing agent, to the board.” (Texas Property Code section 209.0051)

For a multi-year common-area contract, like landscape or pool upkeep, a board can post the job on InstaBids and keep each written bid with its records.

How much notice does a Texas HOA board give before a meeting?

Under Texas Property Code chapter 209 (an association with mandatory membership whose declaration authorizes assessments; not condominiums, 209.003), for an association not subject to Government Code Chapter 551 (209.0051(a)) and with the development period limit in 209.0051(i), 209.0051(e), read 2026-10-29 on statutes.capitol.texas.gov, says members shall be given notice of the date, hour, place, and general subject of a regular or special board meeting, either mailed to each property owner not later than the 10th day or earlier than the 60th day before the meeting, or provided at least 144 hours before a regular board meeting and at least 72 hours before a special board meeting by posting it on the common property or the association's members' website and sending it by e-mail to each owner who registered an e-mail address (209.0051(e)).

Under chapter 209 (mandatory membership, assessments; not condominiums), for an association not subject to Government Code Chapter 551 (209.0051(a)) and with the development period limit in 209.0051(i), the full notice rule in 209.0051(e) reads: “Members shall be given notice of the date, hour, place, and general subject of a regular or special board meeting, including a general description of any matter to be brought up for deliberation in executive session. The notice shall be: (1) mailed to each property owner not later than the 10th day or earlier than the 60th day before the date of the meeting; or (2) provided at least 144 hours before the start of a regular board meeting and at least 72 hours before the start of a special board meeting by: (A) posting the notice in a conspicuous manner reasonably designed to provide notice to property owners' association members: (i) in a place located on the association's common property or, with the property owner's consent, on other conspicuously located privately owned property within the subdivision; or (ii) on any Internet website available to association members that is maintained by the association or by a management company on behalf of the association; and (B) sending the notice by e-mail to each owner who has registered an e-mail address with the association.” (Texas Property Code section 209.0051)

Before a board meeting that votes on common-area work, a manager can post the job on InstaBids and bring the written bids on one scope to compare.

Can a Texas HOA fine an owner without a hearing?

Not without notice first: under Texas Property Code chapter 209 (an association with mandatory membership whose declaration authorizes assessments; not condominiums, 209.003), 209.006(a), read 2026-10-29 on statutes.capitol.texas.gov, reads: “Before a property owners' association may suspend an owner's right to use a common area, file a suit against an owner other than a suit to collect a regular or special assessment or foreclose under an association's lien, charge an owner for property damage, levy a fine for a violation of the restrictions or bylaws or rules of the association, or report any delinquency of an owner to a credit reporting service, the association or its agent must give written notice to the owner by certified mail.” (Texas Property Code section 209.006) Under chapter 209 (mandatory membership, assessments; not condominiums) the association or its agent need not give written notice for a violation already noticed in the preceding six months (209.006(d)), when the association files a suit seeking a temporary restraining order or temporary injunctive relief or a suit that includes foreclosure, or for a temporary common-area suspension after a violation involving a significant and immediate risk of harm to others (209.007(d)).

Under chapter 209 (mandatory membership, assessments; not condominiums), for an owner entitled to an opportunity to cure (209.007(a)), the owner may ask for a hearing, and 209.007(c) reads: “The association shall hold a hearing under this section not later than the 30th day after the date the board receives the owner's request for a hearing and shall notify the owner of the date, time, and place of the hearing not later than the 10th day before the date of the hearing. The board or the owner may request a postponement, and, if requested, a postponement shall be granted for a period of not more than 10 days. Additional postponements may be granted by agreement of the parties. The owner or the association may make an audio recording of the meeting.” (Texas Property Code section 209.007)

Under chapter 209 (mandatory membership, assessments; not condominiums), for an owner entitled to an opportunity to cure (209.007(a)), 209.007(f) reads: “Not later than 10 days before the association holds a hearing under this section, the association shall provide to an owner a packet containing all documents, photographs, and communications relating to the matter the association intends to introduce at the hearing.” (Texas Property Code section 209.007)

Under chapter 209 (mandatory membership, assessments; not condominiums), for an owner entitled to an opportunity to cure (209.007(a)), when the association does not provide the packet in time, 209.007(g) reads: “If an association does not provide a packet within the period described by Subsection (f), an owner is entitled to an automatic 15-day postponement of the hearing.” (Texas Property Code section 209.007)

When an owner needs a fence repair or exterior painting to cure a violation, that job can be posted on InstaBids to get written bids on one scope.

Does Texas HOA law apply to condominiums?

Not chapter 209: Texas Property Code 209.003(d), read 2026-10-29 on statutes.capitol.texas.gov, reads: “This chapter does not apply to a condominium as defined by Section 81.002 or 82.003 .” (Texas Property Code section 209.003) Chapter 209 covers a residential subdivision whose declaration authorizes the association to collect assessments (209.003(a)) and an association that requires mandatory membership (209.003(b)); it does not cover a condominium as defined by Section 81.002 or 82.003 (209.003(d)).

Condo board or HOA board, common-area upkeep is the same kind of job: describe it once on InstaBids and compare the written bids side by side.

Texas chapter 209 rules an HOA board or manager works to

Section 209.006(a), chapter 209 (mandatory membership, assessments; not condominiums), before the association or its agent levies a fine:

Before a property owners' association may suspend an owner's right to use a common area, file a suit against an owner other than a suit to collect a regular or special assessment or foreclose under an association's lien, charge an owner for property damage, levy a fine for a violation of the restrictions or bylaws or rules of the association, or report any delinquency of an owner to a credit reporting service, the association or its agent must give written notice to the owner by certified mail.

Source: Texas Property Code section 209.006, read 2026-10-29

Section 209.005(m), chapter 209 (mandatory membership, assessments; not condominiums), not an association subject to Chapter 552 (209.005(b)), for an association composed of more than 14 lots:

A property owners' association composed of more than 14 lots shall adopt and comply with a document retention policy that includes, at a minimum, the following requirements: (1) certificates of formation, bylaws, restrictive covenants, and all amendments to the certificates of formation, bylaws, and covenants shall be retained permanently; (2) financial books and records shall be retained for seven years; (3) account records of current owners shall be retained for five years; (4) contracts with a term of one year or more shall be retained for four years after the expiration of the contract term; (5) minutes of meetings of the owners and the board shall be retained for seven years; and (6) tax returns and audit records shall be retained for seven years.

Source: Texas Property Code section 209.005, read 2026-10-29

Section 209.0051(d), chapter 209 (mandatory membership, assessments; not condominiums), not an association subject to Chapter 551 (209.0051(a)), development period limit in 209.0051(i), for the board's meeting records:

The board shall keep a record of each regular or special board meeting in the form of written minutes of the meeting. The board shall make meeting records, including approved minutes, available to a member for inspection and copying on the member's written request to the property owners' association's managing agent at the address appearing on the most recently filed management certificate or, if there is not a managing agent, to the board.

Source: Texas Property Code section 209.0051, read 2026-10-29

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