Quick Answer
Texas Property Code § 202.006 requires a property owners' association to file all of its dedicatory instruments in the real property records of each county where the property lies. Under the section, "a dedicatory instrument has no effect until the instrument is filed," and an association "may not collect a regular assessment" if the instrument authorizing it is not filed. For a board, recording is the step that makes the rules, and the right to assess, enforceable.
At a Glance
| Item | Detail |
|---|---|
| Law/citation | Texas Property Code § 202.006, Public Records (Chapter 202) |
| Effective date | Added September 1, 1999 (76th Leg., ch. 1420); amended January 1, 2012 (HB 1821) and September 1, 2021 (SB 1588, Section 1) |
| Applies to | A property owners' association and its dedicatory instruments. Chapter 202 can reach condominium associations as well; confirm with counsel for your community |
| Key sections | (a) duty to file; (b) no effect until filed; (c) no regular assessment collection without a filed authorizing instrument |
| Remedy or penalty | No penalty is stated. The consequence is loss of effect for unfiled instruments and a bar on collecting regular assessments in subsection (c) |
What the Law Says
- Subsection (a): the association "shall file all dedicatory instruments in the real property records of each county in which the property to which the dedicatory instruments relate is located."
- Subsection (b): "A dedicatory instrument has no effect until the instrument is filed in accordance with this section."
- Subsection (c): the association "may not collect a regular assessment, as defined by Section 209.002, if the dedicatory instrument authorizing the collection of the regular assessment is not filed as required by Subsection (a)."
The section does not itself define "dedicatory instrument." That term is defined in § 202.001, which we did not re-read for this page. Typically it covers the declaration, bylaws, rules and similar governing documents. Confirm the definition with counsel.
What This Means in Practice
For boards and managers
Treat the county records as the test. If a rule, policy or amendment is not recorded, subsection (b) says it has no effect, so it should not be enforced. The same applies to the document that creates the assessment: if the dedicatory instrument authorizing the regular assessment was never filed, subsection (c) bars collecting the regular assessment.
Chapter 209 and the 2021 omnibus bill added related duties, such as the management certificate and website posting. See management certificate filing and SB 1588.
When the board adopts or amends a rule, file it with the county clerk promptly, keep the file-stamped copy, and confirm the amendment is in the records under the correct subdivision. A new rule is not enforceable until that step is done, based on the text of (b).
For owners
You can search the county real property records for the instruments that bind your lot. If the association cannot show a recorded instrument for a rule or an assessment, ask for the recording information.
What the section does not say, and open questions
- It does not say how quickly an instrument must be filed after adoption.
- It does not address whether a late filing validates past enforcement. Our reading: the text says no effect "until" filing, so earlier enforcement is exposed. Confirm with counsel.
- Subsection (c) refers to "regular assessment." It does not mention special assessments in the text we read.
- Whether other consequences follow for amounts already collected is not addressed. Confirm with counsel.
Timeline
| Date | Event |
|---|---|
| September 1, 1999 | Section 202.006 added (76th Leg., ch. 1420, Sec. 2) |
| January 1, 2012 | Amended by HB 1821 (Sec. 3) |
| September 1, 2021 | Amended by SB 1588 (Sec. 1) |
Related Texas Law
- Chapter 202: restrictive covenants
- § 209.0041: amending a declaration
- § 209.0061: fine schedule and enforcement policy
- Management certificate filing
- Chapter 209
Board Checklist
- List every dedicatory instrument (declaration, bylaws, rules, policies, amendments).
- Pull the county records and confirm each is recorded and shows a recording number.
- Confirm the instrument that authorizes the regular assessment is recorded.
- Record any new rule or amendment promptly after adoption and keep the file-stamped copy.
- Do not enforce an unrecorded rule until it is filed.
- Keep a recording log by date, instrument and county.
Frequently Asked Questions
What must a Texas HOA record in the county records?
All of its dedicatory instruments, in each county where the related property is located (§ 202.006(a)).
Is an unrecorded HOA rule enforceable?
Under § 202.006(b), a dedicatory instrument "has no effect until the instrument is filed." Confirm specifics with counsel.
Can an HOA collect assessments if its declaration was not recorded?
Subsection (c) says it may not collect a regular assessment if the instrument authorizing it was not filed.
Where are dedicatory instruments filed?
In the real property records of the county where the property is located.
Does this apply to special assessments?
Subsection (c) names regular assessments. The text we read does not address special assessments, so confirm with counsel.
Where This Comes From
We read the current text of § 202.006 and its amendment history on the Texas.Public.Law mirror, which states it was verified against the official site on May 26, 2025. The official statute site is at statutes.capitol.texas.gov. We did not read § 202.001 or any court decision on this section.
Where We Stand
Our position: we support § 202.006. A recorded-or-ineffective rule is a clean test that protects owners and keeps boards honest, and the cost to comply is small. The usual failure we see in practice is an old amendment that was adopted but never filed. Tip: run a county records check for every instrument at the start of each fiscal year. This is Association Property Managers' operating view as a management company, separate from the legal summary above, and it is not legal advice.
How APM Helps
Association Property Managers provides remote HOA and condo management for associations in Texas, starting at a flat $99/month per community with no per-door fees or long-term contracts. See remote management in Texas, browse every Texas state-law guide, or request a free proposal, delivered within three business days. Laws and licensing rules differ by state, and we confirm the requirements for Texas when we build your proposal.
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.
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