Texas Laws

Texas Property Code Statutes

Chapter 5: Texas Statutes pertaining to buying and selling of property. –> Link

Chapter 82: Uniform Condominium Act –> Link

Chapter 51: Restrictive Covenants Applicable To Certain Subdivisions –> Link

Chapter 201: Restrictive Covenants Applicable To Certain Subdivisions –> Link

Chapter 202: Construction & Enforcement Of Restrictive Covenants –> Link

Chapter 203: Enforcement Of Land Use Restrictions In Certain Ccounties –> Link

Chapter 204: Powers Of Property Owners’ Association Relating To Restrictive Covenants In Certain Subdivisions –> Link

Chapter 205: Restrictive Covenants Applicable To Revised Subdivisions In Certain Counties –> Link

Chapter 206: Extension Of Restrictions Imposing Regular Assessments In Certain Subdivisions –> Link

Chapter 207: Disclosure Of Information By Property Owners’ Associations –> Link

Chapter 208: Amendment & Termination Of Restrictive Covenants In Historic Neighboods –> Link

Chapter 209: Texas Residential Property Owners Protection Act –> Link

Chapter 210: Extension Or Modifications Of Residential Covenants –> Link

Chapter 211: Amendment & Enforcement Of Restrictions In Certain Subdivisions –> Link

Chapter 212: Extension of Restrictions by Majority Vote in Certain Subdivisions –> Link

Chapter 215: Master Mixed-Use Property Owners’ Associations –> Link

Chapter 430: Transportation Code –> Link

Chapter 766: Health and Safety Code –> Link

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28 Responses to Texas Laws

  1. sherry says:

    When will Congress make HOA’s be respossible for taking advange of the Elderly, Spanish, Disabled vets, and home owners? I live at Beekman Place Community townhomes in Houston, TX. Corner of Gessner and Longpoint. HOA paid $338,000,000 for a BITUMEN Roof coating Aug. 2011. Coating starting coming off -less then 3months after applied. It’s been getting worse ever since! There is exposed molded rotten wood and water coming into homes. HOA says: interior damage is at owners expense and will not fix the roofs! We have siding with holes, allowing water into homes, again. Damage is at owners expense! When will HOA nightmares end?

  2. Admin says:

    Legislative changes made during the 84th Session of the Texas Legislature that have not been included in the text of the Texas Statutes as of this writing, but have gone into effect:

    Changes to Property Codes Chapter 209 by –> SB 862

    Changes to Property Code Chapter 209 by –> SB 864

    Changes to Property Codes Chapters 82.157(a) (13 & 14), 207, and 209 by –> SB1168

    Changes to Property Code Chapter 202 by –> SB1626

    Changes to Property Code Chapter 211 by –> SB1852 – Changes effect Polk and San Jacinto County

    Changes to Transportation Code Chapter 430 by –> HB 745

    Changes to Property Code 202 by –> HB 939

    Changes to Property Code 209 by –> HB1072

    Changes to Chapter 82.119 & 82.120 by –> HB1455

    Changes to Property Code 209 by –> HB2489

    Changes to Texas Health & Safety Code 766 by –> HB3089 – Changes effect mainly Bexar County

  3. Mary Moscinski says:

    Under Texas law, are HOA’s required to notify residents when they amend the deed restrictions?

    • Admin says:

      That depends on what it says in your governing documents. Sometimes, law supersedes, but that can be questionable without a court date. Can you tell me what your bylaws or deed restrictions (CC&R’s) say about making changes to your documents?

  4. Rae Downing says:

    Can someone point me in the direction of case law or statutes that address not uniformly applying covenant enforcement? For example, our covenants prohibit home exteriors being “bright” or primary colors. This includes paint on any exterior visible from the street. Yet one house has a yellow door and has had a bright yellow front door for more than three years. Also, the older sections of the neighborhood are never cited for street parking or unkempt lawns while the newest section (and a few homeowners who really are targeted) get violation notices on a regular basis (even if they are not in violation). How can an HOA legally attempt enforcement of covenants for a few residents but not all of them? I thought there was some case law (US Supreme Court) discussing how covenants are considered waived when not enforced throughout the entire subdivision falling under the HOA but I cannot find it.

  5. Sharon Green says:

    Is there s law prohibiting family members serving on an incorporated hoa in Tx. We currently have husband as Treasurer and wife as VPres. And now trying to get Daughter law to be voted in as Secretary.

  6. Richard Warrell says:

    Does the Texas HOA laws require a Vote by the homeowners to amend the CC&Rs for the purpose of incorporating the new laws past by the Texas legislature or can the HOA’s Board of Directors unilaterally request the HOA Attorney incorporate them and file them with the court? All other terms and conditions of the CC&Rs not effected by the new laws remain unchanged. The initial HOA’s Declaration, Bylaws and CC&Rs have not been changed since the HOA’s incorporation in 2000.

  7. Shelby says:

    is there some rule about how long an hoa has to complain about something? seriously coming and complaining 6 yrs later is bs..all over a board not painted right on a side of the house that no one sees but some fool who does not have a life

  8. Brian says:

    Do the Texas HOA laws specify a maximum time that the HOA or Architectural Committee within the HOA may take to approve or deny a request?

    • Admin says:

      There may be some laws that help you, in lieu of directives not being stated in your governing documents, but you really need to look through them first.

  9. Paul causey says:

    While an hoa can rule on the number of dogs one can have, can they rule on the type of dog or size of the dog?

  10. Betty says:

    I live in a 26 unit condo POA. After moving in have found out no board for years and last president has been caught with irregularities in firing and hiring and paying family to do handyman work way out of cost. To make things worse, nobody knows the original rules or governing documents. Help! Advice on where to start?

    • Admin says:

      The Condo Association has a legal obligation to give you a copy of the governing documents. If you closed through a title company, or lawyer, they also have a legal obligation. Ask.

      • Betty says:

        Private CPA has finished an audit of our POA checkbook and receipts and found our past President wrote checks for gift cards and remodeled her condo to the lienient amount of $9200, have not paid dues for two years, and paid her husband $24000 this year for handyman work that is highly questionable what work was done. POA has minimal cash for operating.
        Who do we take this info to? I believe criminal charges are probable. County DA a good place to start? Or Justice of the Peace? Or?
        All new board quit accept the new Treasurer who has the checkbook and myself, the new Secretary since last night. We did finally get a copy of the governing bylaws from 1978…. Thanks!

        • Admin says:

          Sorry, did not see this until today. If your Articles of Incorporation (Certificate of Formation), say that you have to have a minimum # of officers on the existing Board, you may have some legal problems here. I would first go into your county Justice Court and talk to the JP for some prelim advice.

  11. J Bracey says:

    Hello
    if a complaint is called in on my property does the HOA have to contact me about the complaint before issuing a citation or threat of a citation?

    • Admin says:

      This depends on what is said in your HOA governing documents. I have never heard the the word “citation” used when discussing HOA fines.

  12. Cathy says:

    what is the stand on HOA’s placing a cap on the percentage of rentals allowed in the community?

  13. Mike L. says:

    Our subdivision is out of city limits. Our hoa began its 1st meeting to elect by a simple facebook group page that was created years ago for chat and gatherings. More than half subdivision not notified because not on facebook. 3 members elected that night. One of lot owners owns 32 lots (owner financing)…told they own 32 votes as to 1 per each of us….my questions are… does all sound state legal so far? Can 1 person have multiple votes? Where can i find true state hoa rules, election, regulations info/laws..?

    Our subdivision was ran by subdivision land owners til subdivision was full then they turned hoa to us….small town out of needville texas….

    • Admin says:

      If they are on Facebook, do they offer a copy of your governing documents on that group? If so, those documents should tell you the # of votes per property owner and whether it is by the number of lots owned or just by the owner. Usually, the votes are by the number of lots owned. If that is true in your governing documents, then if a person owns 32 lots, that is how many votes they have.

  14. Mike L. says:

    This is small town out of texas

  15. Clarence Farrow says:

    Is there is any state regulation or code about a petition being an acceptable “refusal/denial” of actions taken by the Board.
    Example: one street in subdivision does not want street lighting and the rest of the subdivision wants street lighting. Does the petition override the POA directors.

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