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(a)
This chapter applies only to a residential subdivision that is subject to restrictions or provisions in a declaration that authorize the property owners’ association to collect regular or special assessments on all or a majority of the property in the subdivision.
(b)
Except as otherwise provided by this chapter, this chapter applies only to a property owners’ association that requires mandatory membership in the association for all or a majority of the owners of residential property within the subdivision subject to the association’s dedicatory instruments.
(c)
This chapter applies to a residential property owners’ association regardless of whether the entity is designated as a “homeowners’ association,” “community association,” or similar designation in the restrictions or dedicatory instrument.
(d)
This chapter does not apply to a condominium as defined by Section 81.002 (Definitions) or 82.003 (Definitions) .
(e)
The following provisions of this chapter do not apply to a property owners’ association that is a mixed-use master association that existed before January 1, 1974, and that does not have the authority under a dedicatory instrument or other governing document to impose fines:
Section 209.005 (Association Records) (c);
Section 209.0056 (Notice of Election or Association Vote) ;
Section 209.0057 (Recount of Votes) ;
Section 209.0058 (Ballots) ;
Section 209.00592 (Voting; Quorum) ; and
Section 209.0062 (Alternative Payment Schedule for Certain Assessments) .
Added by Acts 2001, 77th Leg., ch. 926, Sec. 1, eff. Jan. 1, 2002.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1367 (H.B. 3674 ), Sec. 7, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1026 (H.B. 2761 ), Sec. 1, eff. January 1, 2012.
Acts 2011, 82nd Leg., R.S., Ch. 1142 (H.B. 1821 ), Sec. 6, eff. January 1, 2012.
Acts 2011, 82nd Leg., R.S., Ch. 1217 (S.B. 472 ), Sec. 1, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1282 (H.B. 1228 ), Sec. 1, eff. January 1, 2012.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093 ), Sec. 17.002(a), eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093 ), Sec. 17.002(b), eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168 ), Sec. 5, eff. September 1, 2015.
Source:
Section 209.003 — Applicability of Chapter , https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm#209.003 (accessed May 26, 2025).
209.001
Short Title
209.002
Definitions
209.003
Applicability of Chapter
209.004
Management Certificates
209.005
Association Records
209.006
Notice Required Before Enforcement Action
209.007
Hearing Before Board
209.008
Attorney’s Fees
209.009
Foreclosure Sale Prohibited in Certain Circumstances
209.010
Notice After Foreclosure Sale
209.011
Right of Redemption After Foreclosure
209.012
Restrictive Covenants Granting Easements to Certain Property Owners’ Associations
209.013
Authority of Association to Amend Dedicatory Instrument
209.014
Mandatory Election Required After Failure to Call Regular Meeting
209.015
Regulation of Land Use: Residential Purpose
209.016
Regulation of Residential Leases or Rental Agreements
209.017
Justice Court Jurisdiction
209.0041
Adoption or Amendment of Certain Dedicatory Instruments
209.0042
Methods of Providing Notices to Owners
209.0051
Open Board Meetings
209.0052
Association Contracts
209.0055
Voting
209.0056
Notice of Election or Association Vote
209.0057
Recount of Votes
209.0058
Ballots
209.0059
Right to Vote
209.0061
Association Policy
209.0062
Alternative Payment Schedule for Certain Assessments
209.0063
Priority of Payments
209.0064
Third Party Collections
209.0065
Credit Reporting Services
209.0091
Prerequisites to Foreclosure: Notice and Opportunity to Cure for Certain Other Lienholders
209.0092
Judicial Foreclosure Required
209.0093
Removal or Adoption of Foreclosure Authority
209.0094
Assessment Lien Filing
209.00505
Architectural Review Authority
209.00591
Board Membership
209.00592
Voting
209.00593
Election of Board Members
209.00594
Tabulation of and Access to Ballots
Up to date
Verified:
May 26, 2025
§ 209.003. Applicability of Chap.'s source at
texas.gov
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Location:
https://texas.public.law/statutes/tex._prop._code_section_209.003
Original Source:
Section 209.003 — Applicability of Chapter ,
https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm#209.003
(last accessed May 10, 2025).
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Reference only — not legal advice. Verify the current official text on leg.state.fl.us before citing. Printed from Common Elements (May 22, 2026).