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Texas Law Updates for HOA/POAs

Texas laws affecting Homeowners Associations and Property Owners Associations can change from one legislative session to the next. These updates may impact board responsibilities, owner rights, meeting procedures, records, elections, assessments, deed restrictions, enforcement actions, and general association operations.

This page is intended to help Yaupon Cove property owners stay informed about state-level law changes that may affect HOA/POA communities in Texas. Updates shared here are for general informational purposes only and are not legal advice. Property owners are encouraged to review the Texas Property Code, their governing documents, and consult a qualified attorney when legal interpretation is needed.

The Board will make reasonable efforts to share relevant updates as they become available so our community can remain informed, transparent, and compliant with applicable Texas law.

 

Texas HOA Laws Update: What’s New in 2025?

Texas legislators introduce or amend laws every legislative cycle. In 2025, a handful of bills clear both chambers and get signed into law.

These statutes modify the Texas Property Code and influence operations of homeowners associations (HOAs) and condominium associations (COAs). They focus on transparency, sustainability, homeowner rights, and modern communication tools. Most of the bills become effective on September 1, 2025.

Here are the bills that make up the Texas HOA laws update for 2025.

House Bill 431: Solar Roof Tiles

One of the new Texas HOA laws in 2025 has to do with solar energy. House Bill 431 updates Section 202.010(a)(2) to include solar roof tiles in the legal definition of solar energy devices.

This means HOAs cannot prohibit the installation of solar roof tiles just as they cannot prohibit conventional solar panels. The bill enhances renewable energy use and takes effect immediately.

House Bill 517: Brown Grass and Vegetation

House Bill 517 adds Section 202.008. It prevents HOAs from imposing fines on owners who fail to maintain green lawns during periods of local watering restrictions. This protection extends for 60 days after the restriction ends.

This gives homeowners time for their lawns to recover without penalty. Effective September 1, 2025.

House Bill 621: Events With Political Candidates in Common Areas

House Bill 621 adds Section 202.013 to the Texas Property Code. It forbids HOAs and condos from banning residents from inviting qualified political candidates or government officials to speak in common areas. Associations may enforce rules like occupancy limits, reservation requirements, fees, deposit rules, and designated hours.

The rule does not apply to seasonal use areas or spaces only used for internal meetings. This law takes effect on September 1, 2025.

Senate Bill 1588: Expanded Authority of Associations

Senate Bill 1588 revises the powers and duties of property owners’ associations under Chapters 202 and  209. It prohibits associations from collecting regular dues unless it has properly filed the governing documents that authorize them.

This bill also protects the rights of homeowners to display religious items on their property unless those items threaten health, safety, violate other laws, or are offensive for non‑religious content.

Additionally, it bars associations from restricting swimming pool enclosures that meet safety standards. It also stops associations from prohibiting perimeter fences or security cameras on private property.

Finally, the bill also limits credit reporting of delinquencies, sets priorities for applying payments, and requires hearings and packet disclosures before enforcement actions.

Senate Bill 711: ARCs, Security Fencing, and COA Requirements

Senate Bill 711 is one of the new HOA laws in Texas. It covers architectural reviews, restrictions on security fences, and new requirements for condo associations.

Architectural Reviews

Senate Bill 711 amends the HOA architectural review process under Section 209.00506 and Section 209.00507. Associations with more than 40 lots must now solicit candidates for the architectural review committee through a formal process similar to board elections.

At least 10 days’ notice is required for an open vacancy. The committee must initially comprise volunteers who are responsive. Vacancies may be filled later, even by people otherwise disqualified, including directors or family members of directors.

This takes effect September 1, 2025.

Restrictions on Security Fences

SB 711 also modifies Section 202.023. It clarifies what security fencing HOAs may restrict. Associations can prohibit fencing that blocks a sidewalk, drainage easement, or licensed public use area. A driveway gate must be set back at least 10 feet if it connects to a laned roadway.

Fencing in front of the front-most building line may be banned unless it existed before September 1, 2025, or if the homeowner qualifies for an exempt address or can document a security need.

Senate Bill 2629: Voting Methods

Previously, HOAs had to allow votes by proxy or absentee ballot. SB 2629 is one of the Texas HOA laws updates that adds electronic voting as a third option. Associations must provide owners with at least one voting method: electronic ballot, absentee ballot, or proxy.

This provides associations with more flexibility and serves members who can’t attend in person. It is effective September 1, 2025.

Key Changes to Texas HOA Laws in 2026

 

The transition into 2026 marks a pivotal moment for transparency. One of the most significant shifts involves how information is shared with the public and prospective buyers. Under recent legislative updates, Texas has doubled down on the requirement for associations to be “open books.”

The Rise Of Centralized Digital Filing

As of early 2026, the deadline for “legacy” associations to update their records has passed. Every Texas 

HOA is now required to file their management certificates not only with their local county clerk but also

electronically with the Texas Real Estate Commission (TREC). This dual-filing system creates a centralized 

“master list” that allows homeowners and real estate professionals to access fee schedules and governing 

documents instantly.

Financial Penalties | Failure to comply with these filing requirements can lead to administrative penalties 

starting at $1,000 for the first day of violation.

Loss of Rights | Perhaps more importantly, an association that isn’t up to date on its TREC filings may 

lose its right to collect certain attorney’s fees or interest on delinquent accounts.

Fee Caps And Resale Protections

We have also seen a firm stance on the cost of doing business. There is now a strict statutory cap on the 

fees an association can charge for a resale certificate — typically capped at $375. This change was 

designed to prevent “fee gouging” during property transfers, ensuring that the process of moving into

a new neighborhood remains affordable and predictable.

Texas Property Code Updates For HOAs

When we talk about the legal “DNA” of a community, we are talking about the Texas Property Code. 

Specifically, Chapter 209 (the Texas Residential Property Owners Protection Act) serves as the primary

rulebook for single-family subdivisions. In 2026, the focus has shifted toward technological integration 

and environmental common sense.

Modernized Meeting Standards

Gone are the days when a board meeting required everyone to squeeze into a local library basement. 

Under the updated State of Texas HOA Laws, associations are fully empowered—and in many cases, 

encouraged—to hold meetings via phone or online platforms.

Electronic Ballots | Boards can now use electronic voting for almost all association business, which 

has dramatically increased member participation in Dallas and Houston communities.

Notice Requirements | While the medium has changed, the rules haven’t: you still must provide 

at least 72 hours of notice for a regular board meeting, and the agenda must be clearly posted.

Landscaping and Environmental Resilience

Texas weather is unpredictable, and our laws now reflect that reality. For instance, HOA Laws in Texas 

now prohibit associations from fining homeowners for “brown or discolored” lawns during a 

municipally mandated watering restriction. Furthermore, there is a 60-day grace period after a drought 

ends to allow homeowners time to revive their vegetation without the threat of a violation notice.

Homeowner Rights Under Texas Rights

As a homeowner, your house is your castle, but in an HOA, there are specific “drawbridges” and 

“ramparts” protected by law. The 2026 legal environment is very much focused on “Due Process.” 

If you feel like your association is being overzealous, it’s important to know where you stand.

The Right To A 209 Hearing

Before an association can fine you, suspend your right to use a pool, or file a lawsuit for a deed 

restriction violation, they must send you a formal notice via certified mail. This notice must:

  1. Describe the violation in detail.
  2. State the amount due to the association.
  3. Inform you that you have 30 days to request a hearing before the board.

During this hearing, the goal is to “discuss and verify facts.” It isn’t just a formality; it’s a genuine 

opportunity to resolve disputes without involving expensive lawyers.

Transparency And Access

Every homeowner has a statutory right to inspect the association’s books and records. 

This includes financial reports, meeting minutes, and contracts. For associations with 60 or more 

lots (or those that use HOA Management Services), these documents must be hosted on a secure, 

member-accessible website. If your board is being secretive about where the monthly dues are going, 

the law is on your side to demand clarity.

HOA Board Responsibilities and Legal Duties

Serving on a board is a noble task, but it comes with heavy lifting. In 2026, the legal scrutiny on 

board members is at an all-time high. You aren’t just a neighbor; you are a “fiduciary.” 

This means you have a legal obligation to act in the best interests of the community, not your own.

The Fiduciary Trifecta

Duty of Care | You must make informed decisions. This involves researching vendors, reviewing the 

budget with the treasurer, and consulting experts when a problem is outside your wheelhouse.

Duty of Loyalty | You must put the HOA’s needs first. If your cousin owns a roofing company and 

the board is looking for a contractor, you must disclose that conflict and recuse yourself from the vote.

Duty of Authority | You must stay within the bounds of your governing documents. You cannot 

invent new rules on the fly just because a neighbor’s car is an “eyesore” if the bylaws don’t support it.