Which associations does Chapter 209 cover?
Texas Property Code Chapter 209, the Texas Residential Property Owners Protection Act, governs property owners' associations for residential subdivisions, including those with a townhouse regime. It states that it does not apply to a condominium; condominiums are governed by the Texas Uniform Condominium Act in Chapter 82 and their own declarations. Many Houston-area HOAs and townhome associations are therefore subject to Chapter 209, while a condo board should start with Chapter 82. Your attorney can confirm which applies to your community.
Open board meetings and notice
- Regular and special board meetings are generally open to owners, with a limited list of topics allowed in closed executive session, including personnel matters, pending or threatened litigation, contract negotiations, enforcement actions and matters involving the invasion of an individual's privacy or confidential owner information.
- Notice of a regular board meeting must be posted in a conspicuous place or on a website and e-mailed to owners who registered an e-mail address, at least 144 hours before the meeting, or mailed to each owner between 10 and 60 days before.
- For special board meetings, the posting and e-mail notice is at least 72 hours before.
- Board decisions made outside a meeting by e-mail or similar means have specific limits; ask your attorney before using them for anything other than routine matters.
Owner access to records
Owners may request association books and records in writing, and the association must respond within the statutory timeline, generally 10 business days, either by producing the records or by telling the owner when they will be available. The association should adopt a records production and copying policy, and records such as owner files, personnel files and attorney-client privileged material have exceptions. Keeping records organized is the simplest way to respond on time. See our financial management page for how reporting supports this.
Notices before fines and enforcement
Before an association charges a fine, suspends common-area use, or charges an owner for property damage, it must send a written notice by certified mail that describes the violation, states what the owner must do to cure it and the reasonable period to do so, and tells the owner of the right to request a hearing before the board. If the violation is the kind that can be cured, the owner generally must get a chance to cure first. A uniform process is the best protection for the board against claims of selective enforcement.
Payment plans and the order of applying payments
An association with more than 14 lots must adopt reasonable guidelines for payment plans for owners with delinquent assessments, and the minimum term of a plan is three months. The statute also sets the order in which payments are applied: assessments come before attorney's fees and fines. See the assessment collections guide for the full sequence.
Architectural review decisions
For associations subject to the architectural-review notice requirement, a written denial must describe the reasons for the denial and the changes needed for approval, and the owner may request a hearing before the board. A clear review standard and a record of approvals keep this process consistent.
Developer turnover
When a declarant controls the board, Chapter 209 requires that owners other than the declarant be given the chance to elect at least one-third of the board within 120 days after 75 percent of the lots that may be created have been conveyed to owners other than the declarant or certain builders. New communities in growth areas should prepare for the handover in advance, including financial records, contracts and maintenance status.
Practical checklist for a Houston board
- Confirm in writing whether Chapter 209 or Chapter 82 applies to your association.
- Adopt and record the policies Chapter 209 requires, and keep copies where owners can find them.
- Set a meeting-notice routine so 144-hour and 72-hour deadlines are met.
- Use one enforcement process for every owner, documented from first notice to resolution.
- Keep owner records, minutes and financials organized so a records request is routine.
Looking for management support? See Houston HOA management or townhome association management.