Texas HOAs & COAs: What You Need to Know About the 2025 Legislative Changes
The 2025 Texas legislative session has brought several updates that will directly impact Homeowners Associations (HOAs) and Condominium Associations (COAs) across the state. With new bills signed into law, it's crucial for property management, board members and residents alike are able to understand these changes and ensure compliance. All of the new laws discussed below are set to take effect on September 1, 2025.
Here at PMI Cross Timbers, we are already proactively preparing for these shifts, and we encourage all current and prospective board members to also consider attending a specialized training session with legal experts. Therefore you will be able ask more personalized questions for your community.
Let's break down the key legislative changes you will need to be aware of:
Embracing Green Energy: Solar Roof Tiles (House Bill 431)
Good news for homeowners looking to go green! The House Bill 431 expands and further clarifies the definition of "solar energy devices" to also include solar roof tiles. This means that, as with traditional solar panels, your HOA or COA cannot prohibit homeowners from installing solar roof tiles. This legislation aims to promote renewable energy adoption by ensuring a broader range of solar technologies is protected under existing Texas property code.
Drought-Friendly Lawns: Watering Restrictions and Fines (House Bill 517)
As you know, Texas is no stranger to drought, and now, your HOA's lawn maintenance rules are adapting accordingly. The House Bill 517 prohibits HOAs and COAs from fining homeowners for brown/dead grass or failing to water their lawns during a government-mandated drought-related watering restriction. This restriction can come from every level of government from local to The State. This protection extends for an additional 60 days after the watering restrictions are lifted, giving residents ample time for their lawns to recover without any penalty. This is a welcomed common-sense change that recognizes the challenges of maintaining lush landscaping during periods of severe water conservation. Making sure residents are not unnecessarily fined for any issues beyond their control.
Free Speech in Common Areas: Political Gatherings (House Bill 621)
A new emphasis on community engagement comes with House Bill 621. Homeowners now have the explicit right to invite political candidates and government officials to meet with residents in community common areas. While your association cannot prohibit such gatherings, it can still enforce their standard rules for common area use. This includes requirements for reservations, reasonable rental fees (if applicable to other events), and limits on maximum occupancy as well as hours of use. This ensures that while political discourse is encouraged, community spaces will remain managed and accessible for all.
The Comprehensive Shift: Omnibus Bill (Senate Bill 711)
Senate Bill 711 is a significant piece of Texas Legislation introducing several impactful changes for both COAs and HOAs:
Website Requirement for Condominium Associations: If your condominium association has 60 or more units or is managed by a management company, it now must maintain an official website with the association's Dedicatory Instruments also known as the community's governing documents; DCCRs, Bylaws, amendments, resolutions, rules and regulations to name a few and have these published on the website. This enhances transparency and accessibility for residents. At PMI Cross Timbers, we already ensure this for all our managed condominium associations, regardless of their size.
Expanded Management Certificate Updates: The information required on your management certificate is becoming more detailed. It must now include your association's website address and any fees related to property transfers. Critically, this certificate must now also be filed with the Texas Real Estate Commission (TREC). Failure to comply in any of these new areas could hinder your association's ability to collect attorney's fees in delinquency cases. For associations that have already filed a certificate, a duplicate must be filed with TREC by March 1, 2026. Another area where PMI Cross Timbers is ahead of the curve – as this is part of our standard operating procedure.
Resale Certificate Fee Cap for Condominiums: To provide more clarity and fairness in real estate transactions, the maximum fee COAs can charge for a resale certificate is now maxed out at $375. PMI Cross Timbers already adheres to this maximum amount for all condominium resale certificates.
Security Fencing Clarifications: While associations can generally prohibit the installation of a fence in front of the forward-most building line of a house, there are important caveats. Homeowners who had such fences installed before September 1, 2025, are grandfathered in and this will not apply to them. Additionally, exception will exist for homeowners who can provide documentation from law enforcement demonstrating a need for enhanced security. This balances aesthetic considerations with a legitimate safety concerns.
Architectural Committee Candidate Solicitation: For HOAs with more than 40 lots, a new requirement is in place for transparency and homeowner involvement. Before appointing or electing members to the architectural committee (ACC/ARC Committee), your HOA must now actively solicit candidates from the community. This involves providing at least a 10-day notice for homeowners to express their interest, fostering a more inclusive selection process.
Modernizing Governance: Electronic Voting (Senate Bill 2629)
Embracing digital convenience, Senate Bill 2629 streamlines electronic voting. For COAs, this new law makes it easier to use electronic voting for member meetings. For HOAs, it goes a step further by requiring associations to allow members to vote by proxy, absentee ballot, or electronic ballot. This broadens accessibility and participation for homeowners in association decisions.
Your Next Steps
Given the breadth and impact of these new laws, it's essential for all Texas HOAs and COAs to review their current policies and procedures. We strongly recommend scheduling a meeting with your board to discuss how these changes will affect your community. Furthermore, consulting with a legal counsel is highly prudent to ensure full compliance with all new requirements by the September 1, 2025, deadline.
At PMI Cross Timbers, we are dedicated to keeping your community informed and compliant. We're here to help navigate these changes and ensure a smooth transition.
