Texas · Chapter PR-209

Property Code Ch. 209 (Texas Residential Property Owners Protection Act) — Plain-English Summary

Official title: Texas Residential Property Owners Protection Act. Translated into plain English for board members and homeowners.

General

  • Sec.209.001
    Short title
    Names this chapter the 'Texas Residential Property Owners Protection Act.'
  • Sec.209.002
    Definitions
    Defines key terms used throughout Chapter 209: assessment, board, declaration, owner, lot, property owners' association (POA), and restrictive covenant.
  • Sec.209.003
    Applicability
    Chapter 209 applies to residential subdivisions in which an owner is automatically a member of a property owners' association. Does not apply to condominiums…
  • Sec.209.0041
    Adoption or amendment of certain dedicatory instruments
    Sets requirements to adopt or amend a declaration after the development period. Requires written consent of at least 67 percent of total votes allocated unde…
  • Sec.209.0042
    Method of calculating votes
    Default is one vote per lot for member votes unless the declaration provides otherwise.
  • Sec.209.005
    Association records
    An owner may request production of association books and records. The association must produce them within 10 business days or 15 business days for older rec…
  • Sec.209.0051
    Open board meetings; notice; minutes; member attendance
    Board meetings are open to all members. Notice must be posted in a conspicuous place at least 72 hours before a meeting (144 hours during peak summer or wint…
  • Sec.209.0052
    Open meetings; quorum; voting by directors
    Sets quorum and voting requirements for the board. Allows board action without a meeting only by unanimous written consent.
  • Sec.209.0055
    Voting; recounts
    Sets procedures for member voting and recounts. An owner who is denied a recount within 15 days of a written demand may sue to compel one.
  • Sec.209.0056
    Notice of election or association vote
    Notice of any election or vote of members must be sent not less than 10 nor more than 60 days before the meeting. Absentee and electronic voting are allowed …
  • Sec.209.0057
    Recount of votes
    Owners may request a recount within 15 days. The association must provide certified copies of ballots and election records for inspection.
  • Sec.209.0058
    Tabulation of and access to ballots
    Election records must be maintained and accessible to owners during the recount period.
  • Sec.209.0059
    Right to vote
    An owner may not be denied the right to vote even if delinquent in assessments, unless the declaration expressly so provides and the assessment is more than …
  • Sec.209.006
    Notice required before enforcement action
    Before an HOA can fine an owner, file a lawsuit, or charge attorney fees for a violation, the association must give written notice that describes the violati…
  • Sec.209.0061
    Priority of payments; allocation
    Payments received from an owner must be applied first to assessments, then to late fees, fines, and other charges, regardless of any contrary association pol…
  • Sec.209.0062
    Alternative payment schedule for certain assessments
    Associations must adopt a policy offering owners an alternative payment schedule of at least 3 but no more than 18 months for delinquent assessments before r…
  • Sec.209.0063
    Priority of payments
    Reiterates payment application priority order applied to delinquent accounts.
  • Sec.209.0064
    Third party collection of debts; required notices
    Before referring an owner's account to a third-party collection agent or attorney, the association must give written notice of the referral and an opportunit…
  • Sec.209.007
    Hearing before board; alternative dispute resolution
    An owner is entitled to a hearing before the board within 30 days of a written request after receiving a violation notice. The association must also offer al…
  • Sec.209.008
    Attorney's fees
    Either party may recover reasonable attorney's fees in an action to enforce the declaration.

Foreclosure

Restrictive Covenants on Owner Property

Frequently asked about Chapter PR-209

What is Texas Chapter PR-209?
Texas Chapter PR-209 — the Property Code Ch. 209 (Texas Residential Property Owners Protection Act) — is the body of law that governs how every Texas HOA is structured, operated, and held accountable. It covers governance, voting, records, assessments, fining, and most of the day-to-day legal questions a board will face.
How many sections are in Chapter PR-209?
Chapter PR-209 contains 39 sections in this reference. Each is summarized in plain English on its own page, with links to the official text at statutes.capitol.texas.gov.
Is the summary on this site legal advice?
No. These pages are plain-English summaries prepared by SoShiny for board members and managers. For binding legal advice or interpretation of how a section applies to your specific situation, consult a Texas-licensed attorney.
How often does Texas Chapter PR-209 change?
The Texas Legislature can amend any chapter in any session. We update these summaries when we re-import the official text — see the 'Last updated' date on each section page.
Does SoShiny enforce Chapter PR-209 for me?
No software 'enforces' a statute — but SoShiny is built around it. Voting, meeting minutes, records access, fining workflow, and audit trails are designed to meet this body of law's requirements out of the box, so the board can demonstrate good-faith compliance if challenged.

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