Tex. Prop. Code § 209.004

Management Certificates

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Plain-English summary

Default powers of a residential property owners' association: maintain common areas, adopt budgets and assessments, enforce restrictive covenants, adopt rules, and contract for management—subject to the dedicatory instruments.

Not legal advice. Statute reference is for education only — confirm citations on official sources and consult a Texas attorney familiar with community associations.

Statutory text

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(a) A property owners’ association shall 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 of the association, stating:

the name of the subdivision;

the name of the association;

the recording data for the subdivision;

the recording data for the declaration and any amendments to the declaration;

the name and mailing address of the association;

the name, mailing address, telephone number, and e-mail address of the person managing the association or the association’s designated representative;

the website address of any Internet website on which the association’s dedicatory instruments are available in accordance with Section 207.006 (Online Subdivision Information Required) ;

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. (a-1) The county clerk of each county in which a management certificate is filed as required by this section shall record the management certificate in the real property records of the county and index the document as a “Property Owners’ Association Management Certificate.” (b) The property owners’ association shall record an amended management certificate in each county in which any portion of the residential subdivision is located not later than the 30th day after the date the association has notice of a change in any information in the recorded certificate required by Subsection (a). (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. The Texas Real Estate Commission shall only collect the management certificate and amended management certificate for the purpose of making the data accessible to the general public through an Internet website. (c) Except as provided under Subsections (d) and (e), the property owners’ association and its officers, directors, employees, and agents are not subject to liability to any person for a delay in recording or failure to record a management certificate with a county clerk’s office or electronically file the management certificate with the Texas Real Estate Commission, unless the delay or failure is wilful or caused by gross negligence. (d) If a property owners’ association fails to record a management certificate or an amended management certificate under this section, the purchaser, lender, or title insurance company or its agent in a transaction involving property in the property owners’ association is not liable to the property owners’ association for:

any amount due to the association on the date of a transfer to a bona fide purchaser; and

any debt to or claim of the association that accrued before the date of a transfer to a bona fide purchaser. (e) A lien of a property owners’ association that fails to file a management certificate or an amended management certificate under this section to secure an amount due on the effective date of a transfer to a bona fide purchaser is enforceable only for an amount incurred after the effective date of sale. 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 as required by this section. (f) For purposes of this section, “bona fide purchaser” means:

a person who pays valuable consideration without notice of outstanding rights of others and acts in good faith; or

a third-party lender who acquires a security interest in the property under a deed of trust. Added by Acts 2001, 77th Leg., ch. 926, Sec. 1, eff. Jan. 1, 2002. Amended by: Acts 2009, 81st Leg., R.S., Ch. 148 (S.B. 1919 ), Sec. 1, eff. September 1, 2009. Acts 2013, 83rd Leg., R.S., Ch. 1108 (H.B. 3800 ), Sec. 1, eff. September 1, 2013. Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588 ), Sec. 10, eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588 ), Sec. 10, eff. December 1, 2021. Source: Section 209.004 — Management Certificates , https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm#209.004 (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 § 209.004. Mgmt. Certificates's source at texas.gov Stay Connected Join thousands of people who receive monthly site updates. Subscribe Get Legal Help The State Bar of Texas runs a service for finding an attorney in good standing. Initial consultations are usually free or discounted: Lawyer Referral & Information Service (LRIS) Committed to Public Service We will always provide free access to the current law. In addition, we provide special support for non-profit, educational, and government users. Through social entrepreneurship, we’re lowering the cost of legal services and increasing citizen access. Navigate Find a Lawyer Blog About Us API Contact Us Reports Secondary Sources Privacy Policy California: Codes Colorado: C.R.S. Florida: Statutes Nevada: NRS New York: Laws Oregon: OAR , ORS Texas: Statutes World: Rome Statute , International Dictionary Location: https://texas.public.law/statutes/tex._prop._code_section_209.004 Original Source: Section 209.004 — Management Certificates , https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm#209.004 (last accessed May 10, 2025). Blank Outline Levels × The legislature occasionally skips outline levels. For example:

A person may apply [...] (4)(a) A person petitioning for relief [...] In this example,

, and (4)(a) are all outline levels, but

was omitted by its authors. It's only implied. This presents an interesting challenge when laying out the text. We've decided to display a blank section with this note, in order to aide readability. Trust but verify. Here is the original source for section 209.004 Do you have an opinion about this solution? Drop us a line. Close

Synced from the Florida Legislature’s official site. Verify the current version before citing.

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