Texas Property Code § 209.004 and § 82.116: Management Certificate Filing with TREC

Quick Answer

Texas law requires a property owners' association to record a management certificate in the county real property records, and to file it electronically with the Texas Real Estate Commission (TREC) within seven days of filing it for recording. The same seven-day rule applies to amended certificates, which must be recorded within 30 days after the association has notice of a change. For subdivision associations the rule is in § 209.004; for condominium associations it is in § 82.116, as amended by SB 711 effective September 1, 2025. A missed recording or filing has a financial cost: an owner is not liable for collection attorney's fees or interest that arise while the certificate is not recorded or not filed with TREC.

At a Glance

What the Law Says

Subdivision associations: § 209.004

Subsection (a) requires the association to record "in each county in which any portion of the residential subdivision is located a management certificate, signed and acknowledged by an officer or the managing agent," stating:

• the name of the subdivision and of the association, and the recording data for the subdivision, the declaration and any amendments;
• the name and mailing address of the association;
• the name, mailing address, telephone number and email address of the person managing the association or its designated representative;
• the website address of any website where the dedicatory instruments are available under § 207.006;
• "the amount and description of a fee or fees charged by the association relating to a property transfer in the subdivision"; and
• other information the association considers appropriate.

Subsection (b) requires an amended certificate to be recorded "not later than the 30th day after the date the association has notice of a change in any information in the recorded certificate."

Subsection (b-1): "Not later than the seventh day after the date a property owners' association files a management certificate for recording under Subsection (a) or files an amended management certificate for recording under Subsection (b), the property owners' association shall electronically file the management certificate or amended management certificate with the Texas Real Estate Commission." TREC "shall only collect" the certificates "for the purpose of making the data accessible to the general public through an Internet website."

Condominium associations: § 82.116

SB 711 (2025) amended § 82.116 to align it with the subdivision rule. As enrolled, subsection (a) now lists the condominium's name and location, the association's name and mailing address, recording data for the declaration "and any amendments," contact details for any management company (name, mailing address, telephone number and email address), the website address where dedicatory instruments are available under § 82.1142, and the amount and description of fees charged to a unit seller or buyer on a transfer. An amended certificate is due within 30 days after notice of a change, and subsection (b-1) adds the same seven-day electronic filing with TREC.

Section 8 of SB 711 says a condominium association that recorded a certificate or amended certificate before the Act's effective date "shall electronically file the most recently recorded" one with TREC "not later than March 1, 2026."

Consequences of not recording or filing

• Under § 209.004(c), the association and its officers, directors, employees and agents are not subject to liability to any person for a delay or failure to record or file, "unless the delay or failure is wilful or caused by gross negligence" (with exceptions in (d) and (e)).
• Under § 209.004(d), if the association fails to record a certificate, a purchaser, lender or title insurance company in the transaction is not liable to the association for amounts due on the transfer date to a bona fide purchaser or for debts that accrued before it.
• Under § 209.004(e), an association lien that failed to file a certificate "is enforceable only for an amount incurred after the effective date of sale" for amounts due at a transfer to a bona fide purchaser. And an owner "is not liable for attorney's fees incurred by a property owners' association relating to the collection of a delinquent assessment against the owner or interest on the amount of a delinquent assessment if the attorney's fees are incurred by the association or the interest accrues during the period a management certificate is not recorded with a county clerk or electronically filed with the Texas Real Estate Commission."
• For condominiums, § 82.116(d) (as added by SB 711) has the same attorney's fee and interest rule for unit owners.

What This Means in Practice

For boards and managers

Treat the certificate as a two-step task with two clocks. Step one is recording in the county; step two is the TREC electronic filing, due seven days after the filing for recording (our reading: not seven days after the county returns the stamped copy). A change in the manager, contact details, website address or transfer fees starts the 30-day clock for the amended certificate once the association has notice of the change.

The financial point is the one that surprises boards. Our reading of (e): if the certificate is not on record or not filed with TREC during a period, attorney's fees and interest that arise in that period cannot be collected from the owner. A collection file opened during a gap may carry fees the association cannot pass on. Pair this with the collection notice rules in §§ 209.0064 and 209.0065.

For owners and buyers

The TREC database is described in the statute as a public website. The management certificate is also where buyers can see the association's contact details and the fees charged on a transfer. Ask for the resale certificate too; see seller disclosures and Chapter 207.

What the law does not say, and open questions

• The statutes do not name the TREC website address. We did not open the database ourselves, so this page does not give a URL or describe its features.
• The statutes do not state a filing fee, and none is stated in the sections we read.
• The history note for § 209.004 lists both September 1 and December 1, 2021 for SB 1588 Section 10. Which subsections took effect on which date is not clear from the note. Confirm with counsel.
• The seven days run from filing "for recording," and the text does not say how to count if the county rejects the filing. Confirm with counsel.
• "Gross negligence" and "wilful" are left to the courts.

Timeline

Related Texas Law

• SB 711: the 2025 omnibus bill
• SB 1588: the 2021 omnibus bill
• Chapter 207: resale certificates and the website duty
• Chapter 82: condominiums
• §§ 209.0064 and 209.0065: collections
• Chapter 209 overview
• Texas HOA laws complete guide

Board Checklist

• Confirm a current management certificate is recorded in every county where any part of the community lies.
• Confirm the same certificate was filed electronically with TREC within seven days of filing for recording.
• Keep a list of certificate contents: manager contact details, website address, and transfer fees.
• When any of that changes, record an amended certificate within 30 days after the association has notice, then file it with TREC within seven days.
• For a condominium association, check that the pre-September 2025 certificate was filed with TREC by March 1, 2026.
• Check collection files for fees or interest that accrued while a certificate was missing.
• Assign one person to own the certificate and calendar the deadlines.

Frequently Asked Questions

Does a Texas HOA have to file its management certificate with TREC?

Yes. Under § 209.004(b-1), the association must electronically file the certificate or an amended certificate with the Texas Real Estate Commission within seven days after filing it for recording.

How fast must an amended certificate be recorded?

Not later than the 30th day after the association has notice of a change in any information in the recorded certificate (§ 209.004(b)).

Does this apply to condominium associations?

Yes. Section 82.116, as amended by SB 711 effective September 1, 2025, has the same recording and seven-day TREC filing rules. Associations with a certificate already recorded had until March 1, 2026 to file it.

What if the association does not file?

No fine is stated. But an owner is not liable for the association's collection attorney's fees or interest that accrue while the certificate is not recorded or not filed with TREC (§ 209.004(e); § 82.116(d)).

Is the database public?

The statute says TREC collects the certificates only to make the data accessible to the public through a website (§ 209.004(b-1)).

Who signs the certificate?

For a subdivision association, an officer or the managing agent signs and acknowledges it (§ 209.004(a)). For a condominium association, an officer signs (§ 82.116(a)).

What fees must the certificate list?

The amount and description of fees charged relating to a property transfer in the subdivision (§ 209.004(a)(8)), or charged to a unit seller or buyer in a condominium (§ 82.116(a)).

Where This Comes From

We read the current text of § 209.004 as compiled in the 2025 Texas Statutes (Justia mirror of the Texas Property Code), the enrolled text of SB 711 (89th Legislature) on capitol.texas.gov for the amended § 82.116 and the March 1, 2026 deadline, and the earlier compiled § 82.116. The enrolled bill is at capitol.texas.gov. We did not open the TREC database itself.

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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.