Texas HB 621 (Property Code 202.013): HOA Limits on Candidate Events in Common Areas

Quick Answer

Texas House Bill 621 (2025) added Property Code § 202.013. It says a property owners' association may not adopt or enforce a dedicatory-instrument provision that prohibits, or has the effect of prohibiting, an owner or resident from inviting governmental officials and qualified candidates to address or meet with members in the association's common areas. The association can still apply the same fee, deposit, occupancy, hours, location and reservation rules it uses for any other gathering. The law took effect September 1, 2025, and does not apply to associations with 501(c)(3) tax-exempt status.

At a Glance

What the Law Says

The prohibition

Section 202.013(b) says that, "except as otherwise provided by this section," a property owners' association "may not adopt or enforce a provision in a dedicatory instrument that prohibits or has the effect of prohibiting a property owner or resident from inviting governmental officials and candidates who have been qualified in the appropriate election to run for public governmental office to address or meet with property owners' association members, residents, or their invitees in common areas of the association."

Three details matter. The rule is aimed at provisions in a "dedicatory instrument" (the declaration, bylaws, rules and similar documents). It protects invitations made by an owner or resident. And it covers "governmental officials" and candidates "qualified in the appropriate election," which is narrower than any person who says they are running for something.

What the association may still require

Under § 202.013(c), the association "may require gatherings described by Subsection (b) to abide by the same provisions of a dedicatory instrument that apply to any other gathering held in a common area of the association." The statute lists examples:

• a room rental fee or deposit;
• a limit on the maximum occupancy of the common area where the meeting is to be held;
• hours during which a meeting may be held in the common area;
• a specification of which common areas are available to members for meetings; and
• a written reservation or rental agreement.

The key phrase is "the same provisions." The section lets an association treat a candidate gathering like any other gathering. It does not say an association may adopt extra rules that apply only to political events.

Where the section does not apply

Section 202.013(a) removes two kinds of common area from the section. It does not apply to a common area that "is not made available for meetings" either "due to designated seasonal use" or "other than a meeting of the property owners' association, the board of the property owners' association, or a committee of the association or the association's board." Section 202.013(d) also says the section "does not apply to a property owners' association that qualifies for tax exempt status under Section 501(c)(3), Internal Revenue Code of 1986."

What This Means in Practice

Boards

The practical question is whether any rule in your documents bans or has the effect of banning a visit by an official or qualified candidate. A flat ban on "political activity" or "solicitation" in the clubhouse is the kind of provision to have counsel review. A rule that says the clubhouse is available to members for gatherings on a reservation basis, with a deposit, is the kind of rule § 202.013(c) preserves.

Our reading: because (c) refers to the provisions that apply to "any other gathering," consistency is the safest position. If members may reserve the clubhouse for a birthday party for a set fee and set hours, the same terms can be applied to a candidate meet-and-greet. If the association waives the fee for some groups, treating a candidate event differently could invite a dispute. The statute does not decide that question.

Owners

The statute protects the invitation, not unlimited access. An owner who wants to host a candidate in a common area should expect to follow the association's reservation process, pay any standard fee or deposit, and stay within the posted hours and occupancy limit. The section says nothing about guests entering private lots or about campaign signs; those are separate questions governed by other law and the community's documents.

What the law does not say

• No penalty. The section states no fine, damages or fee-shifting. Our reading: an owner would have to rely on the general enforcement tools that exist outside this section. We did not research those, so confirm with counsel.
• Definitions. The text we read does not define "common areas" or "governmental officials" within § 202.013. Do not assume a definition.
• Condominiums. The section refers to "property owners' association" and sits in Chapter 202. We did not verify how that term applies to condominium unit owners' associations. Open question.
• Private-use areas. The (a)(2) exclusion is worded awkwardly. Our reading: if a common area is used only for association, board or committee meetings, the section does not reach it. Confirm with counsel before relying on that exclusion to turn down a request.

Timeline

Related Texas Law

• Chapter 202: restrictive covenants and what associations cannot restrict
• H.B. 431 (2025): solar roof tiles
• H.B. 517 (2025): no fines for brown grass during watering restrictions
• Chapter 209: owner voting and board elections
• Texas HOA laws complete guide
• Texas HOA law changes 2021 to 2025

Board Checklist

• Search the declaration, bylaws and rules for any clause that bans political gatherings, speakers or candidates in common areas.
• Have counsel review any provision that could "have the effect of prohibiting" an invitation to an official or qualified candidate.
• Confirm whether the association qualifies under 501(c)(3) of the Internal Revenue Code, since § 202.013(d) excludes those associations.
• Make sure the common-area reservation rules (fee, deposit, hours, occupancy, written agreement) are written down and applied the same way to every gathering.

Frequently Asked Questions

Can a Texas HOA ban candidates from speaking in the clubhouse?

Not by a provision that prohibits, or has the effect of prohibiting, an owner or resident from inviting officials and qualified candidates to address or meet with members in common areas. The association may still apply its ordinary reservation, fee, hours and occupancy rules.

Can the HOA charge a fee for a candidate meeting?

Section 202.013(c) allows "a room rental fee or deposit" for these gatherings if the same kind of provision applies to other gatherings in the common area.

Does the law apply to associations that are 501(c)(3) organizations?

No. Section 202.013(d) says the section does not apply to an association that qualifies for tax-exempt status under Section 501(c)(3).

Does HB 621 let candidates hold events without an invitation?

The text protects an owner's or resident's invitation. It does not give a candidate an independent right of access to common areas.

Is there a penalty if an HOA violates § 202.013?

The section states none. How an owner would enforce it is an open question to take to counsel.

Are condominium associations covered?

The bill text uses "property owners' association" and we did not verify how that term applies to condominium associations. Confirm with counsel.

Where This Comes From

We read the enrolled text of H.B. 621 (89th Legislature) on the Texas Legislature's website at capitol.texas.gov, including its vote certifications, and the 2025 published text of Property Code § 202.013 for the session-law citation and effective date. We did not read other sections of Chapter 202 for this page.

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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.