Quick Answer
Texas Property Code Chapter 215 applies to a very narrow class of master mixed-use property owners' associations that meet five size and composition tests, such as at least 6,000 acres of deed-restricted property and at least 10 member associations. Chapter 209 does not apply to an association subject to Chapter 215.
At a Glance
| Item | Detail |
|---|---|
| Law/citation | Texas Property Code Chapter 215, Master Mixed-use Property Owners' Associations (Title 11) |
| Effective date | September 1, 2011 (HB 2869); § 215.003 amended September 1, 2013 (HB 1824) |
| Applies to | A master mixed-use association meeting all five tests in § 215.002(a), and property that meets § 215.002(b) |
| Key sections | 215.001 definitions; 215.002 applicability; 215.003 Chapter 209 does not apply; 18 sections in total |
| Remedy or penalty | Not summarized; only §§ 215.001 to 215.003 were read |
What the Law Says
Applicability tests (§ 215.002(a))
The association must meet every one of these.
- It includes commercial properties (including hotel and retail) making up at least 35 percent of total appraised value of the mixed-use development, single-family properties at least 25 percent, and multifamily properties at least 10 percent.
- It governs at least 6,000 acres of deed-restricted property.
- It has at least 10 incorporated residential or commercial property owners' associations that are members of and subject to its dedicatory instruments.
- It has at least 3,400 platted and developed single-family properties and at least 400 separately platted commercial properties, together at least 30 million square feet of building area available for rental.
- It participates in maintaining public space such as parks, medians and lakefronts owned by local or state governmental entities.
Under (b), the chapter applies to property governed by such an association, in a master mixed-use development, and subject to a declaration requiring mandatory membership and authorizing regular or special assessments on all or a majority of the property. Under (c), "except as otherwise provided by this chapter," it applies only to the master association and not to the independent member associations.
Relationship to Chapter 209 (§ 215.003)
"Chapter 209 does not apply to a property owners' association subject to this chapter."
Section list
The index lists sections on board powers, meetings, voting, covenants, attorney's fees, common areas, resale certificates, management certificates, payment priority, foreclosure, notice before enforcement, hearings, payment schedules and records. We did not read their text.
What This Means in Practice
For boards and managers
Most Texas associations will not meet all five tests. If yours does not, Chapter 209 is the chapter to read. Our reading: the thresholds are specific enough that an association should confirm status with counsel rather than assume.
For owners
If your community sits inside a very large master development, ask which chapter governs the master association and which governs your neighborhood association, since (c) limits the chapter mostly to the master association.
Open questions
- We did not read §§ 215.004 to 215.018, so we do not describe their requirements.
- We did not verify which associations in Texas currently meet all five tests.
- How Chapter 215 conflicts with declarations is addressed by § 215.004, which we did not read.
Timeline
| Date | Event |
|---|---|
| September 1, 2011 | Chapter added by HB 2869 (82nd Leg.) |
| September 1, 2013 | § 215.003 amended by HB 1824 (83rd Leg.) |
Related Texas Law
Board Checklist
- Test the association against each of the five § 215.002(a) criteria.
- If any test fails, treat Chapter 209 as the governing chapter.
- Record the analysis in the board file.
- Ask counsel about §§ 215.004 to 215.018 if the chapter applies.
- Confirm separately which chapter governs member associations.
Frequently Asked Questions
Who does Chapter 215 apply to?
A master mixed-use association meeting all five tests in § 215.002(a).
Does Chapter 209 apply?
Section 215.003 says Chapter 209 does not apply to an association subject to Chapter 215.
Does it apply to member associations?
Under § 215.002(c), generally only to the master association, except as the chapter provides.
How many sections does it have?
The chapter index lists 18.
Is my HOA covered?
Probably not unless it meets all five tests, which are very large thresholds. Confirm with counsel.
Where This Comes From
We read §§ 215.001 to 215.003 and the chapter section index 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 the remaining sections or any court decisions.
Where We Stand
Our position: we are neutral on Chapter 215. It is a special regime for very large master developments and does not affect most associations. Tip: if you suspect your master association is covered, document the five-test analysis before relying on any chapter. 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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