Texas HOA Law Changes 2021–2025: Board Guide

Texas HOA and condominium law has changed significantly since 2021. The 87th, 88th, and 89th Texas Legislatures each passed bills that affect how boards govern, enforce, collect assessments, and communicate with homeowners. If your association hasn't reviewed its policies against the current Texas Property Code, it may be operating under outdated procedures, which can expose the board to homeowner challenges, legal liability, and potential court jurisdiction in Justice Court.

This guide covers the major bills passed from 2021 through 2025 that amend Texas Property Code Chapter 209 (property owners' associations), Chapter 202 (restrictive covenants), Chapter 207 (resale disclosures) and Chapter 82 (condominiums). Association Property Managers serves Texas communities remotely and tracks Texas statutory requirements as they change.

2021 Legislative Session (87th Legislature): SB 1588, the Omnibus Bill

Senate Bill 1588, effective September 1, 2021 (with the management certificate filing provision effective December 1, 2021), was the most comprehensive HOA reform bill of the 2021 session. It amended Chapters 202, 207 and 209 of the Texas Property Code. It did not amend Chapter 82; the 2021 condominium records change came from SB 318, described below. Here are the changes that matter most to boards and homeowners.

Assessment Collections: Longer Cure Window

Under Section 209.0064(b), an association may not hold an owner liable for collection agent fees unless it first sends a certified-mail notice that specifies each delinquent amount, describes payment plan options where Section 209.0062 or the governing documents require a payment plan offer, and "provides a period of at least 45 [30] days for the owner to cure the delinquency before further collection action is taken." SB 1588 raised that period from 30 days to 45 days. Associations that have not updated their collections policy templates to reflect the 45-day window should review them.

Homeowner Disputes: Justice Court Jurisdiction

SB 1588 added Section 209.017, which lets an owner bring an action for a violation of Chapter 209 against the association in the justice court of a precinct in which all or part of the subdivision is located. The section states no dollar limit; justice court jurisdiction limits are set elsewhere in Texas law, so confirm the current figure with counsel. The change lowered the cost barrier for homeowners to challenge improper enforcement, fee charges, or rule violations.

Hearings Before the Board

SB 1588 amended Section 209.007 so that a requested hearing is held before the board (the earlier option of a committee appointed by the board was removed). The association must give the owner a packet of the documents, photographs and communications it intends to introduce at least 10 days before the hearing, or the owner is entitled to an automatic 15-day postponement. A board member or the association's representative presents the association's case first.

Architectural Review: Required Separation from Board

For associations of more than 40 lots, SB 1588 added Section 209.00505, which provides:

• Board members and their households may not serve on the architectural review authority. A person may not be appointed or elected if the person is a current board member, a current board member's spouse, or a person residing in a current board member's household.
• Written denial notice required. A denial must be sent by certified mail, hand delivery or electronic delivery and must describe the basis for the denial in reasonable detail and any changes required for approval.
• Hearing before the board. The owner may request a hearing before the board, and the board must hold it not later than the 30th day after it receives the request. The board may affirm, modify or reverse the decision.

The section does not apply during a development period or while the declarant controls the architectural review authority. This is a provision many smaller associations that use board members as reviewers should check against their current practice.

Website Disclosure Required

SB 1588 amended Section 207.006 to apply to the property owners' association of a subdivision composed of at least 60 lots, or any association that has contracted with a management company. Those associations must make the current version of their recorded dedicatory instruments available on a website that is maintained by the association or its management company and available to association members. The statute speaks of dedicatory instruments filed in the county deed records; it does not by its terms list bylaws, rules and budgets separately. A parallel website duty for condominium associations was added later by SB 711 (2025) as Section 82.1142.

Resale Certificate Fee Cap

SB 1588 capped the fee an association may charge to assemble, copy and deliver resale certificate information at $375, and the fee to prepare and deliver an update at $75 (Section 207.003(c)). It also shortened the trigger in Section 207.004(b) to the fifth business day after the second request and raised the maximum judgment an owner may seek for late delivery from $500 to $5,000.

Other Collections and Governance Changes in SB 1588

• Credit reporting: new Section 209.0065 bars reporting items under a pending dispute and allows reporting only after a detailed report of delinquent charges is sent at least 30 business days earlier and the owner has had the opportunity to enter a payment plan.
• Board meeting notice: Section 209.0051(e) now requires at least 144 hours' posted and emailed notice for a regular board meeting and 72 hours for a special meeting, and Section 209.0051(h) requires budget approvals or amendments to be considered in a noticed open meeting.
• Contracts above $50,000: Section 209.0052(c) requires a bid process for services costing more than $50,000.
• Management certificates: Section 209.004 now requires added contact and website information and electronic filing with the Texas Real Estate Commission within seven days of recording.
• Payment priority and notice: Section 209.0063(a) sets the order in which payments are applied, and Section 209.006(a) added credit reporting to the actions that require certified-mail notice.

Homeowner Protections: Security, Pool Enclosures, and Religious Items

SB 1588 and companion bill HB 3571 expanded homeowner rights to install or display items on their property:

• Security cameras, motion detectors, and perimeter fences: Section 202.023 bars an association from adopting or enforcing a restrictive covenant that prevents a property owner from building or installing security measures. An association may still prohibit a camera placed outside the owner's private property and may regulate the type of fencing. The section does not apply to condominiums or to master mixed-use associations under Chapter 215.
• Religious items: an owner may display religious items on the owner's property or dwelling (not only at the entry), subject to listed exceptions such as common property, setbacks and easements, and traffic control devices. The earlier 25-square-inch size limit was repealed.
• Swimming pool enclosures: Section 202.022 bars restrictions on a defined type of pool enclosure (a fence of transparent mesh or clear panels, no more than six feet high, designed not to be climbable) that conforms to applicable safety requirements, while allowing appearance limits such as colors.

Other 2021 Bills

• SB 318 (effective September 1, 2021) added Section 82.1141, giving condominium unit owners a records request process similar to Chapter 209, with a written certified-mail request and a response by the 10th business day, a recorded records production and copying policy, a document retention policy for associations of eight or more units, and a justice court remedy.
• HB 1659 added Section 209.0041(d-1), which provides that the statutory declaration amendment section does not apply to an amendment that would affect a portion of a subdivision zoned for or containing a commercial or industrial structure, an apartment complex or a condominium. It takes effect immediately on a two-thirds vote, otherwise September 1, 2021; confirm the exact date with counsel.

2023 Legislative Session (88th Legislature): Enforcement Policy, Lien Reform, and Tenant Protections

The 2023 session produced fewer major bills than 2021, but the enacted legislation, effective September 1, 2023 and January 1, 2024, has direct operational impact on HOA enforcement and collections.

HB 614: Required Fine Schedule and Enforcement Policy (Effective January 1, 2024)

House Bill 614 adds Section 209.0061 (not Section 209.0060) to the Texas Property Code. An association that is authorized by its dedicatory instrument to levy fines must adopt a written enforcement policy that includes:

• General categories of restrictive covenants for which fines may be assessed
• A schedule of fines for each violation category
• Information about the homeowner's right to a hearing under Section 209.007

The policy may reserve the board's authority to vary a fine from the schedule on a case-by-case basis. The association must provide a copy to owners either by posting it on a website accessible to members or by sending it annually by hand delivery, first class mail or email, and must also make it available on any publicly accessible website the association maintains. The section applies only to a fine that becomes due on or after January 1, 2024.

HB 886: Two Delinquency Notices Required Before Filing an Assessment Lien (Effective September 1, 2023)

House Bill 886 amends Section 209.0094 and adds a two-step notice requirement before an association files an assessment lien. It applies to assessments that become delinquent on or after September 1, 2023:

• First notice of delinquency: sent by first class mail to the owner's last known mailing address in the association's records, or by email to an address the owner has provided.
• Second notice of delinquency: sent by certified mail, return receipt requested, not earlier than the 30th day after the first notice.
• Lien filing: the association may not file the lien before the 90th day after the date the second notice was sent.

Counting the 30-day gap before the second notice and the 90 days after it, the earliest a lien can be filed is roughly 120 days after the first notice (our reading). The notice steps do not apply to an association providing a property owner covered by the Servicemembers Civil Relief Act the protections to which the owner is entitled under that Act.

HB 1193: Section 8 Vouchers and Housing Assistance (Effective September 1, 2023)

House Bill 1193 adds Section 202.024, which provides that an association "may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from renting a dwelling to a person based on the person's method of payment." "Method of payment" includes payment in whole or in part by:

• A Section 8 housing choice voucher
• Any other federal, state or local housing assistance provided to a person or to a property owner on behalf of a person
• Rental vouchers, rental assistance or rental subsidies from a nongovernmental organization

Associations with lease approval procedures or rental restrictions that turn on how rent is paid should review those provisions.

HB 1558: Older Subdivision Restriction Amendments (Effective Date Needs Confirmation)

House Bill 1558 adds Chapter 216 to the Texas Property Code, a procedure to extend or amend restrictions in certain older subdivisions. It is narrow. It applies only to a subdivision whose plat was recorded before 1947 and that is wholly or partly in a municipality with a population of two million or more, whose original restrictions lacked an extension or amendment procedure and could not be amended under common law without unanimous consent, and that has a single property owners' association in which membership is not mandatory. It does not apply to condominiums. A restriction may be extended or amended by a petition or ballots showing written consent of the owners of at least 66.6 percent of separately owned parcels (or a lower percentage if the original restrictions set one). The enrolled bill takes effect immediately on a two-thirds vote, otherwise September 1, 2023; confirm the exact date with counsel.

SB 1668: Passed but Vetoed

Some 2023 summaries describe SB 1668 as if it were law. It is not. SB 1668, an omnibus bill on property owners' associations and condominiums, passed both chambers in May 2023 and was vetoed by the governor; bill-tracking records show the veto on June 18, 2023. Much of its text (condominium websites and management certificates, a $375 condominium resale fee cap, security fencing limits, and ARC candidate solicitation) reappeared in SB 711 in 2025.

2025 Legislative Session (89th Legislature): Voting Methods, Political Access, and ARC Reform

The 2025 legislative session concluded on June 2, 2025, with several bills effective September 1, 2025 that modernize HOA governance and expand homeowner rights.

SB 2629: Electronic Meetings and Voting Methods (Effective September 1, 2025)

Senate Bill 2629 does not mandate electronic voting. Its changes are:

• Property owners' associations (Chapter 209): Section 209.0056(d) allows owner meetings to be held by any method of communication, including electronic and telephonic means. Section 209.00592(a-1) provides that, unless a dedicatory instrument provides otherwise, an association is not required to provide more than one voting method, but an owner "must be allowed to vote by one of the following voting methods": absentee ballot, proxy or electronic ballot.
• Condominium associations (Chapter 82): association meetings, board meetings (subject to conditions, and not for votes on fines, damage assessments, architectural appeals or certain suspensions) and voting may be conducted electronically as provided by Section 6.002 of the Business Organizations Code. These are permitted methods, not requirements.

An association whose procedures offer owners no absentee, proxy or electronic option for a Chapter 209 vote should review them against Section 209.00592.

SB 711: ARC Solicitation, Security Fencing, and Condominium Websites (Effective September 1, 2025)

Senate Bill 711 builds on the ARC framework established by SB 1588 in 2021, and it largely re-enacts the text of the vetoed SB 1668.

ARC solicitation (associations to which Section 209.00505 applies, those of more than 40 lots): Not later than the 10th day before an association or board acts to elect or appoint an ARC member, it must give notice to members soliciting persons interested in serving, by mail or by posting plus email to owners who registered an address. The deadline to respond may not be earlier than the 10th day after the notice. A person who has not timely notified the association of interest may not be appointed or elected, but if a vacancy remains after eligible respondents are seated, the association may appoint anyone, including a person otherwise ineligible (Sections 209.00506 and 209.00507).

Security fencing: Section 202.023(c) now also allows an association to prohibit fencing that obstructs a license area, a sidewalk in the public right-of-way or installed for public or community use, or a drainage easement or drainage area; to require a driveway gate to be set back at least 10 feet from the right-of-way in certain cases; and, "if provided by a restrictive covenant," to prohibit fencing in front of the front-most building line of a dwelling. An owner may maintain perimeter or front-of-dwelling fencing installed before September 1, 2025. An association may not use the front-yard covenant to bar fencing where the owner's residential address is exempt from public disclosure under state or federal law, or where the owner provides documentation from a law enforcement agency of a need for enhanced security measures.

Condominium websites and management certificates: New Section 82.1142 applies to the association of a condominium of at least 60 units, or an association that has contracted with a management company. It must make the current recorded dedicatory instruments available on a website accessible to members. Section 82.116 now requires the management certificate to include the management company's name, mailing address, telephone number and email, the website address, and fees charged to a unit seller or buyer on transfer. An amended certificate must be recorded not later than the 30th day after the association has notice of a change in recorded information, and certificates must be filed electronically with the Texas Real Estate Commission not later than the seventh day after filing for recording. A condominium association that had already recorded a certificate must file the most recent one with the Commission by March 1, 2026. The bill also caps the condominium resale certificate fee at $375 (Section 82.157(f)).

HB 621: Political Candidate Events in Common Areas (Effective September 1, 2025)

House Bill 621 adds Section 202.013, which bars an association from adopting or enforcing a dedicatory instrument provision that prohibits or has the effect of prohibiting an owner or resident from inviting governmental officials and candidates who have qualified in the appropriate election to address or meet with association members, residents or their invitees in common areas. The association may require the gathering to follow the same provisions that apply to any other common-area gathering, such as a room rental fee or deposit, occupancy limits, hours, designated available areas, and a written reservation or rental agreement. The section does not apply to a common area that is not made available for meetings due to designated seasonal use, or that is not available for meetings other than meetings of the association, its board or a committee. It also does not apply to an association that qualifies for tax-exempt status under Section 501(c)(3) of the Internal Revenue Code.

HB 517: No Fines for Brown Grass During Water Restrictions (Effective September 1, 2025)

House Bill 517 adds Section 202.008. An association "may not assess a fine" for violating a covenant that requires the owner to plant or install grass or turf, maintain green vegetation or turf, or prohibits discolored or brown vegetation, while the property is subject to a residential watering restriction under which discolored or brown vegetation could reasonably result, and before the 60th day after the restriction is lifted. A "residential watering restriction" is a temporary restriction of water use for irrigation mandated by a municipality, water utility or other water supplier as a drought conservation strategy. The text bars fines; it does not say enforcement is "suspended" (our reading is that other non-fine enforcement steps are not addressed, so confirm with counsel).

HB 431: Solar Roof Tiles (Effective Immediately or September 1, 2025)

House Bill 431 amends Section 202.010(a)(2) so that "solar energy device" (as defined by Tax Code Section 171.107) "includes a solar roof tile," and states that the amendment is intended to clarify rather than change existing law. The enrolled bill takes effect immediately on a two-thirds vote of each house, otherwise September 1, 2025; confirm the exact date with counsel.

What Texas HOA Boards Should Do Now

If your association hasn't reviewed its governing procedures against the 2021, 2023, and 2025 legislative changes, these are high-priority review items (confirm each with counsel):

• Review your collections policy: verify the certified-mail notice gives at least 45 days to cure before collection agent fees are charged, and that you send the two delinquency notices and wait until the 90th day after the second before filing an assessment lien.
• Adopt a written fine enforcement policy: if the association can levy fines, adopt the Section 209.0061 policy and provide it to owners by website posting or annual delivery.
• Separate board members from ARC: if your association has more than 40 lots, board members, their spouses and household members may not serve on the architectural review authority, and ARC vacancies now require a 10-day solicitation.
• Check your voting methods: make sure Chapter 209 owner votes allow at least one of absentee ballot, proxy or electronic ballot unless your instruments provide otherwise.
• Check website duties: if your subdivision has 60 or more lots, or your association uses a management company, post current recorded dedicatory instruments on a member-accessible website. Condominium associations with 60 or more units or a management company have a parallel duty under Section 82.1142.
• Review rental restrictions: remove or stop enforcing any provision that restricts renting based on a tenant's method of payment, including Section 8 vouchers.

Related Texas Law

• Texas HOA laws: complete guide for 2026
• SB 1588 (2021) and SB 318 (condominium records)
• HB 614, HB 886, HB 1193 and HB 1558
• SB 1668 (vetoed in 2023) and its 2025 return
• SB 711, SB 2629, HB 517, HB 621 and HB 431

How APM Keeps Texas HOA Boards Compliant

Association Property Managers provides remote HOA and condo management for Texas communities in Houston, Dallas, Austin, San Antonio, and across the state. Our management team tracks Texas legislative changes session by session and builds compliance into every client's policies, election procedures, and collections workflow.

Remote management through APM means your board gets professional compliance guidance without the cost of a large local management company. We handle the financial reporting, dues collection, vendor coordination, and board documentation that Texas law requires, so your board can focus on governance decisions. Remote management starts at a flat $99/month per community.

Contact APM at billing@apmhoa.com or call 810-777-7060, or visit remote HOA management in Texas for a free remote management proposal.

Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Last verified October 26, 2026. Confirm the current statute text and how it applies to your governing documents with a licensed Texas attorney before acting.