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 If your association hasn't reviewed its policies against the current Texas Property Code, it may be operating under outdated procedures — exposing the board to homeowner challenges, legal liability, and potential court jurisdiction in Justice Court.
This guide covers every major bill passed from 2021 through 2025 under Texas Property Code Chapter 209 (HOA) and Chapter 82 (Condominiums). Association Property Managers serves Texas communities remotely and maintains compliance with all current Texas statutory requirements.
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2021 Legislative Session (87th Legislature): SB 1588 — The Landmark Omnibus Bill
Senate Bill 1588, signed into law and effective September 1, 2021, was the most comprehensive HOA reform bill in Texas history. It added or modified 27 separate sections of Chapters 82, 202, and 209 of the Texas Property Code. Here are the changes that matter most to boards and homeowners.
Assessment Collections: Longer Cure Window
Before SB 1588, associations were required to give homeowners 30 days to cure a delinquency before escalating to collections. SB 1588 extended that window to **45 days** — giving homeowners more time to pay before collections letters and lien procedures begin. Associations that have not updated their collections policy templates to reflect the 45-day window may be out of compliance.
Homeowner Disputes: Justice Court Jurisdiction
SB 1588 gave homeowners a significant enforcement tool: the right to sue a property owners' association for a violation of Chapter 209 in **Justice Court**, which has jurisdiction over civil matters up to $20,000. This lowered the cost barrier for homeowners to challenge improper enforcement, fee charges, or rule violations — making internal compliance more important than ever.
Architectural Review: Required Separation from Board
For HOAs with more than 40 lots, SB 1588 added Section 209.00505, which requires:
- **Directors may not serve on the architectural review committee (ARC).** The ARC must be composed of non-board members.
- **Written denial reasons required.** Any ARC denial must include a written explanation of the reason.
- **Hearing before the board.** Homeowners must be offered a hearing before the board on any ARC denial.
This is one of the most frequently violated provisions because many smaller HOAs have historically had board members double as ARC reviewers.
Website Disclosure Required
SB 1588 requires HOAs with 40 or more lots and condominium associations with 60 or more units to **maintain a website** that publishes the association's governing documents — CC&Rs, bylaws, rules, and budget. Associations that have not established a compliant website disclosure may be exposed to fee collection challenges.
Resale Certificate Fee Cap
SB 1588 capped the fees that associations can charge for resale certificates at **$375** for the initial certificate and **$75** for any update. Associations — or their management companies — that were charging higher fees were required to adjust immediately upon the bill's effective date.
Homeowner Protections: Signs, Flags, Security, and Religious Items
SB 1588 and companion bill HB 3571 expanded homeowner rights to display items on their property:
- **Security cameras, motion detectors, and perimeter fences** — associations may not prohibit homeowners from installing security measures under Section 202.023.
- **Religious items** — homeowners may display religious items anywhere on their property (not just at the entry of the dwelling), without size restriction.
- **Swimming pool enclosures** — Section 202.022 prohibits restrictions on pool enclosures that meet applicable safety requirements.
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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 209.0060** to the Texas Property Code. Any HOA with the authority to levy fines must now adopt a **written enforcement policy** that includes:
1. General categories of restrictive covenants for which fines may be assessed
2. A schedule of fines for each violation category
3. Information about the homeowner's right to a hearing under Section 209.007
The policy must be either posted on the association's website or mailed to homeowners annually. Associations that levy fines without an adopted, published policy are not in compliance with Texas law as of 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 HOA can record a notice of assessment lien:
1. **First delinquency notice** — sent by first class mail or email.
2. **Second delinquency notice** — sent by certified mail, return receipt requested. Cannot be sent until at least 30 days after the first notice.
3. **Assessment lien cannot be recorded** until 90 days after the second notice.
Total minimum timeline before a lien can be filed: **at least 120 days** (30+ days between notices, then 90 more). Associations following a faster timeline are filing liens prematurely and may face legal challenges.
HB 1193 — Section 8 Vouchers and Housing Assistance Must Be Accepted (Effective September 1, 2023)
House Bill 1193 adds **Section 202.024**, prohibiting HOAs from restricting property owners from renting to tenants who use:
- Section 8 housing vouchers
- Any other federal, state, or local housing assistance
- Rental vouchers, rental assistance, or rental subsidies from a nongovernmental organization
HOAs with lease approval procedures or rental restrictions that exclude housing assistance recipients must remove or revise those provisions.
HB 1558 — Pre-1947 Subdivision Declaration Amendments (Effective September 1, 2023)
House Bill 1558 adds **Chapter 216** to the Texas Property Code, establishing new statutory procedures for amending declarations in subdivisions platted prior to 1947 where no zoning regulations apply. This applies to a relatively narrow set of older subdivisions but provides an important path to updating outdated deed restrictions.
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2025 Legislative Session (89th Legislature): Electronic Voting, 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 Voting Now Required for HOAs and COAs (Effective September 1, 2025)
Under Senate Bill 2629, both HOAs and condominium associations must now offer at least one of the following voting methods:
- Electronic ballot
- Absentee ballot
- Proxy vote
For condominium associations, SB 2629 also permits association meetings (including board meetings) to be held by electronic or telephonic means under Section 6.002 of the Business Organizations Code.
Associations that have not updated their election procedures to offer electronic voting options are not in compliance with state law as of September 1, 2025.
SB 711 — ARC Solicitation Process, Security Fencing, and COA Websites (Effective September 1, 2025)
Senate Bill 711 builds on the ARC framework established by SB 1588 in 2021:
**ARC Solicitation Process (HOAs with 40+ lots):** Before selecting ARC members, HOAs must now provide notice of the vacancy at least 10 days in advance and solicit candidates using the same process used for board elections. Only candidates who responded to the solicitation may be appointed or elected — unless vacancies remain unfilled.
**Security Fencing:** HOAs may now impose additional restrictions on security fencing, including prohibiting fencing that obstructs a sidewalk, drainage easement, or license area, and prohibiting front-yard fencing unless the homeowner has a law enforcement-documented need for enhanced security.
**COA Website and Management Certificate Requirements (60+ units or under management contract):** Condominium associations must maintain a website with current governing documents. Management certificates must now include declaration amendment data, management company contact information, the website address, and transfer fees. Amended management certificates must be recorded within 30 days of any change and filed with the Texas Real Estate Commission (TREC) within 7 days of recording.
HB 621 — Political Candidate Events in Common Areas (Effective September 1, 2025)
House Bill 621 adds Section 202.013, prohibiting HOAs from adopting or enforcing restrictions that prevent owners or residents from inviting governmental officials or candidates for election to meet with POA members or residents in the association's common areas. Associations may still impose standard reservation requirements (fees, deposits, occupancy limits) that apply to any other gathering.
HB 517 — Brown Grass Suspension During Water Restrictions (Effective September 1, 2025)
House Bill 517 adds Section 202.008, requiring HOAs to suspend enforcement of any restriction requiring green vegetation or turf during a residential watering restriction. The suspension continues for 60 days after the watering restriction is lifted. Associations that issue violations for brown or dead grass during a drought restriction period are now in violation of Texas law.
HB 431 — Solar Roof Tiles (Effective Immediately)
House Bill 431 amends Section 202.010 to include "solar roof tiles" in the legal definition of solar energy devices, extending the existing prohibition on restricting solar energy installation to modern solar roofing products.
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What Texas HOA Boards Should Do Now
If your association hasn't reviewed its governing procedures against the 2021, 2023, and 2025 legislative changes, the following are the highest-priority action items:
1. **Update your collections policy** — verify you are providing 45 days to cure delinquencies and following the two-notice (120-day minimum) timeline before filing assessment liens.
2. **Adopt a written fine and enforcement policy** — post it on your website or mail it annually as required by HB 614.
3. **Separate board members from ARC** — if your HOA has 40+ lots, directors may not serve on the architectural review committee.
4. **Add electronic voting** — update your election procedures to offer at least one of: electronic ballot, absentee ballot, or proxy.
5. **Establish a website** — if your HOA has 40+ lots or your COA has 60+ units, you are required to publish governing documents online.
6. **Review rental restrictions** — remove any provisions that exclude Section 8 or housing assistance recipients.
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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.
Contact APM at billing@apmhoa.com or visit [apmhoa.com/remote-hoa-management/texas](https://www.apmhoa.com/remote-hoa-management/texas) for a free remote management proposal.
*This article is for general informational purposes only and does not constitute legal advice. For questions about Texas HOA law compliance specific to your association, consult a licensed Texas attorney.*
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