What is the Texas Residential Property Owners Protection Act?

The Texas Residential Property Owners Protection Act (Texas Property Code Chapter 209) is the primary statute governing HOAs in residential subdivisions in Texas. Enacted in 2001 and amended several times since, it provides owner-protective procedures for records access, enforcement notice, fining, and foreclosure. Chapter 209 is notable for the strong procedural protections it embeds, particularly in the foreclosure process.

Does a Texas HOA need a court order to foreclose?

Generally yes. Tex. Prop. Code § 209.0092 provides that, subject to the fines-only bar in § 209.009 and limited waiver and judgment exceptions, an association may not foreclose its assessment lien unless it first obtains an expedited court order under rules adopted by the Texas Supreme Court. The association must also satisfy the lienholder notice-and-cure prerequisite in § 209.0091 before filing. This is more court-supervised than the Florida HOA framework under § 720.30851.

Are Texas community association managers licensed?

No. Texas does not have a state CAM licensing requirement for community association managers. Managers in Texas operate under general business statutes and, where they manage property under an agreement that triggers real-estate licensure, under real-estate licensing rules. The absence of a CAM license regime is one of the most significant differences between Texas and Florida community-association practice. CAI offers voluntary credentials (CMCA, AMS, PCAM), but the state does not require them.

What is the difference between Texas Property Code Chapter 82 and Chapter 81?

Chapter 82 is the Texas Uniform Condominium Act (TUCA), which applies to condominiums created in Texas on or after January 1, 1994. Chapter 81 is the older Texas Condominium Act, which continues to apply to condominiums created before that date unless they have affirmatively elected to be governed by Chapter 82. The frameworks are similar in many areas but differ in procedural detail. Always check the date of declaration recording (and any Chapter 82 election) to determine which framework applies.

Where is the Texas condominium resale certificate in the statute?

The resale certificate - the Texas estoppel equivalent for condominiums - is governed by Tex. Prop. Code § 82.157 ('Resale of Unit'). A separate provision, § 82.116, is the 'Management Certificate,' a recorded document identifying the association and its manager. They are distinct documents; § 82.157 is the controlling resale-certificate provision.

Texas community association law

Texas Community Association Statutes

Texas community-association law lives in the Texas Property Code: Chapter 209 (the Residential Property Owners Protection Act) for HOAs, and Chapter 82 (the Uniform Condominium Act) for condominiums. Section pages link to verbatim statute text with plain-English orientation.

Statute text reproduced from the Texas Property Code; editorial summaries by the Common Elements editorial team. Not legal advice; not a substitute for Texas counsel.

No state CAM license: Texas does not license community association managers. Managers operate under general business statutes and, where applicable, real-estate licensing rules. CAI offers voluntary credentials (CMCA, AMS, PCAM), but the state does not require them.

Texas community association chapters

Two Property Code chapters govern the two main association types. Select the chapter that applies to your community.

Chapter 209 · Residential Property Owners Protection Act

High priority

The Texas POA Act governs HOAs in residential subdivisions statewide. It is owner-protective by design: broad records-access rights, certified-mail notice and a cure period before enforcement, a court-order requirement before foreclosure, and a bar on foreclosing for fines-only debt.

Management certificates (§ 209.004)
Records access and the 10-day clock (§ 209.005)
Notice before enforcement (§ 209.006)
Judicial foreclosure required (§ 209.0092)

Browse Chapter 209

Chapter 82 · Uniform Condominium Act (TUCA)

High priority

TUCA governs condominiums created in Texas on or after January 1, 1994. Based on the Uniform Common Interest Ownership Act, it covers association powers, insurance, assessments, the assessment lien and foreclosure, the management certificate, and the resale certificate. Older condominiums may fall under Chapter 81.

Association powers (§ 82.102)
Insurance (§ 82.111)
Assessment lien and foreclosure (§ 82.113)
Resale certificate (§ 82.157)

Browse Chapter 82

How Texas differs from Florida

Texas Chapter 209 requires a court order before an HOA forecloses its assessment lien (§ 209.0092) and bars foreclosure for fines-only debt (§ 209.009). Records access under § 209.005 is broad and runs on a 10-business-day clock with a justice-court remedy. Texas has no SIRS or milestone-inspection regime for condominiums and no state CAM license. The result is an HOA framework that emphasizes procedural compliance and court supervision rather than a central regulatory agency.

Statute references in other states

Florida is the deepest reference. More states follow as the multi-state expansion continues.

Florida community association statutes

Chapter 718 (Condominiums), 720 (HOAs), and 719 (Cooperatives).

Texas statute FAQ

What is the Texas Residential Property Owners Protection Act?: The Texas Residential Property Owners Protection Act (Texas Property Code Chapter 209) is the primary statute governing HOAs in residential subdivisions in Texas. Enacted in 2001 and amended several times since, it provides owner-protective procedures for records access, enforcement notice, fining, and foreclosure. Chapter 209 is notable for the strong procedural protections it embeds, particularly in the foreclosure process.
Does a Texas HOA need a court order to foreclose?: Generally yes. Tex. Prop. Code § 209.0092 provides that, subject to the fines-only bar in § 209.009 and limited waiver and judgment exceptions, an association may not foreclose its assessment lien unless it first obtains an expedited court order under rules adopted by the Texas Supreme Court. The association must also satisfy the lienholder notice-and-cure prerequisite in § 209.0091 before filing. This is more court-supervised than the Florida HOA framework under § 720.30851.
Are Texas community association managers licensed?: No. Texas does not have a state CAM licensing requirement for community association managers. Managers in Texas operate under general business statutes and, where they manage property under an agreement that triggers real-estate licensure, under real-estate licensing rules. The absence of a CAM license regime is one of the most significant differences between Texas and Florida community-association practice. CAI offers voluntary credentials (CMCA, AMS, PCAM), but the state does not require them.
What is the difference between Texas Property Code Chapter 82 and Chapter 81?: Chapter 82 is the Texas Uniform Condominium Act (TUCA), which applies to condominiums created in Texas on or after January 1, 1994. Chapter 81 is the older Texas Condominium Act, which continues to apply to condominiums created before that date unless they have affirmatively elected to be governed by Chapter 82. The frameworks are similar in many areas but differ in procedural detail. Always check the date of declaration recording (and any Chapter 82 election) to determine which framework applies.
Where is the Texas condominium resale certificate in the statute?: The resale certificate - the Texas estoppel equivalent for condominiums - is governed by Tex. Prop. Code § 82.157 ('Resale of Unit'). A separate provision, § 82.116, is the 'Management Certificate,' a recorded document identifying the association and its manager. They are distinct documents; § 82.157 is the controlling resale-certificate provision.

Search the statutes on Common Elements

Search Texas community-association statutes on Common Elements: plain-English summaries, keyword search, and, where available, the same deep section library as Florida. A free account adds bookmarks, uploads, and side-by-side compare.

Open Texas statute reference

This is not legal advice. Consult Texas community-association counsel for your specific situation.