Texas SB 1668 (2023): Vetoed HOA and Condo Omnibus Bill, Not Law

Quick Answer

Texas Senate Bill 1668 (2023) did NOT become law. It passed both chambers of the 88th Legislature and would have taken effect September 1, 2023, but Governor Abbott vetoed it in June 2023. It would have added condominium website and management-certificate duties, a $375 condominium resale certificate fee cap, new fencing and architectural review rules, and a March 1, 2024 filing deadline. None of those terms ever took effect.

At a Glance

What the Bill Would Have Done

We read the enrolled version of S.B. 1668 (the version that passed both chambers). It had eight substantive sections.

Condominium provisions

• Management company definition (Section 1). Add § 82.003(a)(17-a): a person or entity "established or contracted to provide management or administrative services" for a unit owners' association.
• Website (Section 2). New § 82.1142 would have applied only to the association of a condominium of at least 60 units, or one that contracted with a management company. It would have required the current dedicatory instruments filed in the county deed records to be posted on a website maintained by the association or a management company and accessible to members.
• Management certificate (Section 3). Amend § 82.116 to add management company contact details, the website address, and "the amount and description of a fee or fees charged to a unit seller or buyer relating to a transfer," and to require an amended certificate within 30 days after the association has notice of a change in any information.
• TREC filing (Section 3). New § 82.116(b-1) would have required electronic filing with the Texas Real Estate Commission within seven days after filing for recording.
• Fee and interest consequence (Section 3). New § 82.116(d): a unit owner "is not liable for attorney's fees incurred by an association relating to the collection of a delinquent assessment," or interest, incurred or accruing while a certificate is not recorded or filed as required.
• Resale certificate fee (Section 4). New § 82.157(f): a "reasonable and necessary fee, not to exceed $375."
• Transition (Section 8). Condominium associations that had already recorded a certificate would have had to file the most recent one with TREC "not later than March 1, 2024."

Fencing and architectural review

• Fencing (Section 5). Amend § 202.023(c) to let associations regulate fence type, bar fencing that obstructs a license area, public sidewalk or drainage easement, require driveway gates set back 10 feet in certain cases, and, "if provided by a restrictive covenant," bar fencing in front of the front-most building line. New (d) would have let owners keep fencing installed before September 1, 2023. New (e) would have barred the front-yard prohibition where the owner's address is exempt from public disclosure or the owner provides law enforcement documentation of a need for enhanced security.
• Architectural review eligibility (Section 6). New § 209.00506: current board members, their spouses and persons in a board member's household could not serve, except that if a vacancy remained after eligible volunteers were appointed, the association could appoint anyone.
• Solicitation of candidates (Section 7). New § 209.00507: notice soliciting volunteers by the 10th day before the association acts to appoint, with a response deadline no earlier than the 10th day after the notice.

What Happened

The enrolled bill's certifications show the Senate passed it May 3, 2023 (30 yeas, 1 nay), the House passed it with an amendment May 23 (144 yeas, 0 nays, two present not voting), and the Senate concurred May 25 (30 yeas, 1 nay). The approval line on the enrolled copy is blank.

A news list published June 20, 2023 included S.B. 1668 among 76 bills Governor Abbott vetoed after the regular session, with the caption "relating to property owners' associations, including condominium owners' associations." The sources we read do not state the exact veto date. Reporting at the time tied a wave of vetoes to a property-tax dispute, but we did not read the veto proclamation for this bill and do not state its reason. Because it was vetoed, none of the provisions above took effect, and the March 1, 2024 deadline never applied.

What This Means in Practice

Boards and managers

If a summary from 2023 or later says an association "must" post documents online, cap resale fees at $375 or file with TREC under S.B. 1668, it is describing a bill that did not become law. Check the statute and the 2025 enactment, not the 2023 bill.

Owners

Our reading: the veto means the fencing, architectural review and condominium fee provisions listed above did not exist in 2023 through the 2025 session. Whether a given provision applies to your association now depends on what the Legislature passed in 2025.

Open question

We did not compare S.B. 1668 line by line to the 2025 bill. Do not assume the later bill uses the same numbers or deadlines. Our S.B. 711 page covers the 2025 text.

Timeline

Related Texas Law

• S.B. 711 (2025): websites, management certificates, architectural review and fencing
• S.B. 1588 (2021): property owners' association omnibus
• H.B. 3571 (2021): security cameras and fences
• Chapter 82: Uniform Condominium Act
• Chapter 209: Residential Property Owners Protection Act
• Texas HOA law changes 2021 to 2025

Board Checklist

• Treat any 2023-era checklist that cites S.B. 1668 requirements as unreliable.
• Check the current statute, and the 2025 bill, for the website, certificate and fee rules that apply to your association.
• Confirm whether your condominium's management certificate is recorded, and ask counsel what filing duties apply today.
• Review your fencing rules against the current text of § 202.023, not the vetoed amendment.
• Review how architectural review members are chosen against current law.
• Flag any outdated summaries on your website or in your handbook.

Frequently Asked Questions

Is Texas SB 1668 law?

No. It passed both chambers in 2023 but was vetoed, so it never took effect.

Why do some summaries describe SB 1668 as if it applies?

A bill that passes both chambers can read like settled law until the governor acts. Check the status of any bill before relying on a summary.

What would SB 1668 have required of condominium associations?

For larger associations or those with a management company, a members-accessible website with recorded dedicatory instruments, expanded management certificates, TREC filing within seven days, and a $375 cap on resale certificate fees.

Did the March 1, 2024 TREC deadline apply?

No. That date was in the vetoed bill's transition section and never took effect.

Did similar rules come back in 2025?

The 2025 Legislature passed S.B. 711 on related subjects. See our S.B. 711 page for its terms and dates rather than assuming they match S.B. 1668.

Where This Comes From

We read the enrolled text of S.B. 1668 (88th Legislature) at capitol.texas.gov, including its vote certifications. We confirmed the veto from a published list of bills vetoed in 2023 that carries the Texas Legislature's caption for S.B. 1668. We did not read the veto proclamation or the bill history page, so the exact veto date and stated reason are unverified.

How APM Helps

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