Texas Condo & HOA Statute Quick Reference
A board member’s plain-English cheat sheet for the Texas Property Code chapters governing condos and HOAs — and the Business Organizations Code chapter underneath every association’s corporate body.
Property Code Ch. 82 — Texas Uniform Condominium Act
- §82.102Powers of unit owners association — what your condo board can and cannot do.
- §82.105Meetings of unit owners — annual meeting required; notice and quorum set by bylaws.
- §82.108Voting; proxies — proxy rules, voting weight, and the proxy revocation procedure.
- §82.113Assessments; liability for; lien for — collection rights, lien priority, and foreclosure framework.
- §82.114Books, records, and minutes — what the association must keep and make available to unit owners.
Property Code Ch. 209 — POA / Residential Owners Protection
- §209.005Association records — owners may inspect official records within 10 business days of a written request.
- §209.006Notice required before enforcement action — written notice describing the violation must precede any fine or enforcement.
- §209.007Hearing before board — owner is entitled to a hearing on the violation before any fine attaches.
- §209.0051Open board meetings — notice, minutes, and member attendance; the foundation of Texas POA transparency.
- §209.0091Prerequisites to foreclosure — the multi-step notice and cure procedure required before lien foreclosure.
- §209.0092Judicial foreclosure required — Texas POAs cannot non-judicially foreclose an assessment lien.
BO Ch. 22 — Business Organizations Code (nonprofit framework)
- §22.153Member meetings — annual meeting requirement and notice rules for the corporate body underneath the HOA.
- §22.156Voting by members — each member has one vote unless the certificate or bylaws say otherwise.
- §22.213Meetings of board — how directors call and conduct meetings under the corporate code.
- §22.354Inspection of records by member — the corporate-level records-access right that complements Ch. 209 §209.005.
Texas has two condo statutes:
Property Code Chapter 81 (the old Uniform Condominium Act) governs Texas condos created before January 1, 1994. Chapter 82 (the newer Texas Uniform Condominium Act) governs condos created after that date. Most modern Texas condos live under Ch. 82. HOAs and POAs are governed by the consumer-protection-heavy Chapter 209, layered on top of Ch. 202 (restrictive covenants) and Ch. 204 (large-lot subdivisions).
Texas Board Meeting Checklist
Notice, quorum, records, and enforcement — what your Texas board needs to get right every time. All citations are to the Texas Property Code or Business Organizations Code; confirm against your dedicatory instruments.
Notice Requirements by Meeting Type
- Members meetingPOA: notice mailed or hand-delivered as set in dedicatory instruments (§209.0056). Condos: as set in bylaws under §82.105.
- Board meeting72 hours minimum posted or emailed notice for POA boards (§209.0051), or as bylaws set for condos. Emergency exceptions allowed.
- Enforcement noticeWritten notice describing the violation must precede any enforcement action (§209.006). Owner has the right to cure where applicable.
- Hearing noticeOwner must be given the right to a hearing before the board on any violation or fine (§209.007).
- ForeclosureMulti-step pre-foreclosure notice (§209.0091) plus mandatory judicial foreclosure (§209.0092). No non-judicial assessment-lien foreclosure in Texas POAs.
Quorum & Voting
Condo (Ch. 82)
- Quorum + voting weight set in declaration and bylaws
- Proxies permitted (§82.108); revocable and dated
- Action by ballot (without meeting) allowed when bylaws permit
- BO Code Ch. 22 fills in any gaps the condo statute leaves
POA (Ch. 209)
- Open board meetings required (§209.0051); members may attend
- Directors meeting quorum + voting under §209.0052
- Member votes counted under §209.0042 with the ballot rules of §209.0055-§209.0058
- Recount allowed under §209.0057 on timely demand
Records, Minutes & Disclosures
- MinutesBoard meetings must keep minutes per §209.0051; copies available on request under §209.005.
- Records inspectionOwners may inspect association records within 10 business days of a written request (§209.005). Reasonable copying fees permitted.
- Subpoena productionPOAs are subject to records subpoenas under §209.021 even outside ordinary inspection.
- Third-party debt collectorsPOAs using outside collection agencies must give required statutory notices (§209.0064) before assigning a delinquent account.
When you need a specific section: scan the QR below or visit soshiny.com/texas. Every section of Property Code 81, 82, 202, 204, 209 and BO Ch. 22 is plain-English-summarized with the official source link, related sections, and a board-ready FAQ.