Texas Property Code Chapter 209: Residential Property Owners Protection Act

Quick Answer

Texas Property Code Chapter 209, the Texas Residential Property Owners Protection Act, is the main state statute for homeowners' associations that require mandatory membership and collect assessments in a residential subdivision. It sets rules for management certificates, records, board meetings, elections, fines, hearings, payment plans, collections, foreclosure and owner lawsuits. It does not apply to condominiums, which fall under Chapter 82 and Chapter 81 instead. The two sections boards trip over most often are § 209.006 (notice before enforcement) and § 209.0094 (two delinquency notices before an assessment lien is filed).

At a Glance

What the Law Says

Who Chapter 209 covers

Section 209.003(a) says the chapter "applies only to a residential subdivision" whose restrictions or declaration authorize the association to collect regular or special assessments on all or a majority of the property. Section 209.003(b) adds that, except as the chapter provides otherwise, it applies only to an association that "requires mandatory membership" for all or a majority of owners. Under § 209.003(c) the label does not matter: "homeowners' association," "community association" or a similar name all count. Section 209.003(d) excludes a condominium as defined by Section 81.002 or 82.003. Section 209.003(e) lists a small set of provisions that do not apply to a mixed-use master association that existed before January 1, 1974 and has no authority to impose fines.

Governance and records

• Management certificates (§ 209.004): the association must record a certificate in each county where part of the subdivision lies, and record an amended certificate "not later than the 30th day" after it has notice of a change. It must also file the certificate electronically with the Texas Real Estate Commission "not later than the seventh day" after filing it for recording (§ 209.004(b-1)). If no certificate is recorded and filed, an owner is not liable for the association's collection attorney's fees or for interest that accrues during that period (§ 209.004(e)).
• Records (§ 209.005): owners may inspect or copy association books and records through a certified-mail written request. The association must respond on or before the 10th business day, or give notice of a date no later than the 15th business day after that notice. The board must adopt and record a records production and copying policy, and associations of more than 14 lots must adopt a document retention policy. An owner who is denied records may petition the justice of the peace.
• Open board meetings (§ 209.0051): regular and special meetings must be open to owners, with a closed executive session allowed for listed topics. Notice is either mailed between the 60th and 10th day before the meeting, or posted and emailed at least 144 hours before a regular meeting and 72 hours before a special meeting. Section 209.0051(h) lists actions the board may not consider or vote on outside an open, noticed meeting, including fines, assessment increases, special assessments, budget approval and dedicatory instrument amendments.
• Architectural review and voting: the chapter also contains §§ 209.00505 through 209.00507 (architectural review authority) and §§ 209.0055 through 209.00594 (voting, notices of elections, recounts, ballots and board elections). We read only the 2025 amendments to these sections in the enrolled bills (see below), so this page does not summarize the rest. Read them in full before an election.

Enforcement, fines and hearings

• Notice before enforcement (§ 209.006): certified-mail written notice before suspending common-area use, levying a fine, charging for property damage, most lawsuits, or reporting a delinquency to a credit service. See our page on § 209.006.
• Hearing (§ 209.007): the owner may request a hearing before the board. See our page on § 209.007.
• Fine policy (§ 209.0061): an association that can levy fines must adopt an enforcement policy with categories, a fine schedule and hearing information. See HB 614.

Money, collections and foreclosure

• Payment plans (§ 209.0062): associations of more than 14 lots must adopt payment-plan guidelines. Minimum term three months.
• Payment priority (§ 209.0063): payments apply in a fixed order. See our page on § 209.0063.
• Third-party collections (§ 209.0064): no liability for a collection agent's fees unless the association first sends a certified-mail notice that specifies each delinquent amount, describes payment-plan options where required, and gives "at least 45 days" to cure.
• Credit reporting (§ 209.0065): no reporting of amounts under dispute; otherwise a detailed report of delinquent charges at least 30 business days before reporting, and an opportunity for a payment plan. The association may not charge the owner a fee for the reporting.
• Lien filing (§ 209.0094): a first notice of delinquency by first-class mail or email, a second by certified mail at least 30 days later, and no lien filing before the 90th day after the second notice. See HB 886.
• Foreclosure (§ 209.009 and § 209.0092): foreclosure is barred where the debt consists solely of fines, attorney's fees associated solely with fines, or certain amounts added to an account as an assessment. Otherwise the association needs a court order under the Supreme Court's expedited foreclosure rules unless the owner waives in writing at the time, or the association chooses a judgment foreclosure. The text of § 209.009 contains no dollar-amount trigger. See foreclosure limits and redemption.
• Redemption (§ 209.011): the owner or a lienholder of record may redeem "not later than the 180th day" after the association mails written notice of the sale under § 209.010.

Owner lawsuits

Section 209.017 lets an owner "bring an action for a violation of this chapter against the property owners' association" in the justice court of a precinct where all or part of the subdivision lies. The section states no dollar cap and no specific remedy.

2025 changes

• SB 711 (effective September 1, 2025) redesignated former § 209.00505(c) as § 209.00506 (who may serve on an architectural review authority) and added § 209.00507 (the association must solicit candidates by notice at least 10 days before it acts to elect or appoint). Both apply only to an authority to which § 209.00505 applies. See SB 711.
• SB 2629 (effective September 1, 2025) added § 209.0056(d), allowing owner meetings "by any method of communication, including electronic and telephonic means as provided by Section 6.002, Business Organizations Code," and rewrote § 209.00592(a-1) so that an owner must be allowed to vote by one of absentee ballot, proxy or electronic ballot, unless a dedicatory instrument provides otherwise. It does not require electronic voting. See SB 2629.

What This Means in Practice

For boards

Most of Chapter 209 is procedure. The statute rarely tells a board what rules it may adopt, but it often decides whether an action will hold up: notice before a fine, an open meeting before a vote on certain topics, certified mail before collection fees, two delinquency notices before a lien. Keep a dated file for each step.

Our reading: the sections interlock. A fine that is properly noticed under § 209.006 still cannot be foreclosed on its own (§ 209.009), and payments are applied to assessments before fines (§ 209.0063). Boards that treat fines as a collection tool will run into those limits.

For owners

Owners have specific rights worth knowing: a written records request that must be answered within 10 business days, a right to ask for a hearing, a right to a payment plan in associations of more than 14 lots (subject to the exceptions in § 209.0062), and a right to redeem after a foreclosure sale. The justice court route in § 209.017 applies to violations of the chapter.

What the chapter does not say

• It does not cap fines or assessment increases in dollars. Those limits come from the declaration and other sections.
• It does not apply to condominiums (§ 209.003(d)). Condominium associations should read Chapter 82.
• Open question: § 209.017 states no cap on the amount in controversy. Whether any other law limits what a justice court may award in these cases is outside this page. Confirm with counsel.

Timeline

Related Texas Law

• Chapter 202: how covenants are construed and what associations may not restrict
• Chapter 207: resale certificates and online disclosure
• Chapter 82: condominiums created on or after January 1, 1994
• SB 1588 (2021): the omnibus bill that rewrote several Chapter 209 sections
• § 209.005 and voting and board elections
• Texas HOA laws complete guide

Board Checklist

• Confirm the association is covered by § 209.003 (mandatory membership, assessment authority, residential subdivision) and not a condominium.
• Check that the management certificate is recorded, current, and filed with the Texas Real Estate Commission within seven days of each recording.
• Adopt and record a records production and copying policy, and a document retention policy if the association has more than 14 lots.
• If the association can levy fines, adopt the § 209.0061 enforcement policy and deliver it by website or annual mailing.
• Use a notice template that meets § 209.006 and keep proof of certified mailing.
• Adopt payment-plan guidelines if the association has more than 14 lots, and file them in the county records.
• Give 144-hour (regular) or 72-hour (special) notice, or mailed notice, for board meetings, and hold votes on listed topics in open meetings.
• Before any lien filing or collection referral, check §§ 209.0064 and 209.0094 for the notice sequence and waiting periods.

Frequently Asked Questions

Does Chapter 209 apply to condominiums?

No. Section 209.003(d) states that the chapter does not apply to a condominium as defined by Section 81.002 or 82.003. Condominium associations are governed by Chapter 81 or Chapter 82 of the Property Code.

What is the official name of Chapter 209?

The Texas Residential Property Owners Protection Act. It is part of Title 11 (Restrictive Covenants) of the Property Code. Chapter 204, which also deals with property owners' associations, is a separate chapter.

How fast must an association answer a records request?

Under § 209.005(e), on or before the 10th business day after it receives a proper certified-mail request, it must either produce the records or send notice of inspection dates. If it cannot, § 209.005(f) requires written notice giving a date not later than the 15th business day after that notice.

Can an HOA foreclose over unpaid fines?

Not if the debt consists solely of fines, attorney's fees associated solely with fines, or certain amounts added to the account as an assessment. Section 209.009 states that limit. Where foreclosure is otherwise available, § 209.0092 generally requires a court order unless the owner waives in writing or the association uses a judgment foreclosure.

How long does an owner have to redeem after a foreclosure sale?

Section 209.011(b) allows redemption not later than the 180th day after the association mails written notice of the sale under § 209.010. A written request to redeem sent by certified mail can extend that right, as § 209.011(m) describes.

Can an owner sue the association for violating Chapter 209?

Yes. Section 209.017 allows an owner to bring an action for a violation of the chapter in the justice court of a precinct where part of the subdivision is located.

Did the 2025 session change Chapter 209?

Yes, in narrow ways. SB 711 changed who may serve on an architectural review authority and added a candidate-solicitation notice. SB 2629 allowed electronic or telephonic owner meetings and requires that an owner be allowed one of absentee, proxy or electronic voting, unless the dedicatory instruments provide otherwise. Both took effect September 1, 2025.

Where This Comes From

We read the current text of Chapter 209 sections as compiled in the 2025 Texas Statutes (Justia and Texas.Public.Law mirrors of the Texas Property Code), and the enrolled texts of SB 711 and SB 2629 (89th Legislature) on capitol.texas.gov. The official statute site is at statutes.capitol.texas.gov. Sections we did not read in full (including most of §§ 209.0055 through 209.00594) are identified by title only.

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.