Understanding Texas HOA Law: A Practical Guide to Chapter 209
If you live in a Texas homeowners association (HOA), or if help run one by being on the board, you’ve probably heard of Chapter 209 of the Texas Property Code. You certainly heard of someone who received a “209 letter” in the mail, or maybe you have received one yourself. But what exactly is this law, and why does it matter so much?
Let us at PMI Cross Timbers break it down for you in plain English.
First Off: What Exactly Is Chapter 209?
Officially called the Texas Residential Property Owners Protection Act, Chapter 209 sets the rules for how HOAs operate across Texas. It outlines:
What rights homeowners have
What powers HOAs don’t have
How conflicts must be handled
Whether you're a homeowner, board member, or property manager, knowing the basics of this law can help you avoid serious legal troubles down the road.
The Infamous “209 Letter”: What It Means (and Why You Shouldn’t Panic)
If your HOA says you're violating a rule, they can’t just fine you or take action out of the blue. Chapter 209 requires a written notice be sent to you first—this is what’s commonly called the “209 Letter.”
This letter has the following requirements:
Explain what rule you broke
Say how much (if anything) you owe
Give you a chance for a reasonable period to "cure" the violation
Let you know you have the opportunity to ask for a hearing with the HOA board
If you request a hearing? The HOA board has to:
Hold it within 30 days of receiving the request
Give you all the documents they plan to use—at least 10 days before the meeting
👉 Bottom line: You, as a homeowner in an HOA have the right to be heard before being penalized.
Can They Really Foreclose Over a Violation? (Short Answer: No.)
Texas law protects you from losing your home over small stuff. An HOA cannot foreclose on a lien that’s made up only of:
Fines
Attorney’s fees
Administrative charges
However, an HOA can foreclose on a lien for unpaid regular or special assessments. This is a crucial distinction. HOAs also have to adopt reasonable fine policies. They can’t make up penalties on the spot. A clear list of violations and matching penalties should be available to all homeowners.
Let There Be Light: Open Meetings & Access to Records
HOA transparency isn’t optional—it’s required by law.
Chapter 209 says:
Board meetings must be open to all members of the community
Members must get advance notice of the meeting that include the date, time, and location
No secret votes—any decisions made by the board must be public
The board can meet privately to talk about things like lawsuits, unpaid dues, or when speaking on a next steps of a certain homeowner but if any decision is made the HOA Board is required have to vote in front of the members.
And here's a big one: You have the right to see the association’s records, including:
Budgets and financial reports
Meeting minutes
Contracts
Yes, that includes how much they’re paying the new landscaper.
Board Elections: You Get a Say
Gone are the days when an HOA board can just pick their friends to run things.
Chapter 209 says:
You must get a written notice of elections and how voting will occur
There must be a way to get your name on the ballot if you decide to run
Homeowners, not the board, must elect board members
It is important to note that if a spot is not filled in an election and the community's governing documents (Declarations, Covenant, Conditions and Restrictions, Bylaws and Amendments) allow the board can appoint someone to finish a term.
In larger communities (100+ homes), Property Code 209 also requires more formal steps to make sure elections are open, competitive, and fair to the entire community.
What’s a Management Certificate (and Why Should You Care)?
Every HOA in Texas has to file a management certificate with the county. Think of it like a business card for the association. It includes:
The HOA’s full legal name
Contact info of the management company or "agent" for the community
Where to find the governing documents
If the HOA doesn’t file or update this, it can’t enforce certain rights against new buyers, This includes collecting fees, assessments or even enforcing deed restrictions. So yeah, it's a vital necessity.
What You Should Remember About Chapter 209
Here’s your quick cheat sheet:
✅ HOAs must notify you in writing before enforcing violations
✅ You have the right to a hearing with the HOA Board
✅ HOAs can’t foreclose over just fines or legal fees
✅ Board meetings must be open and announced to the community
✅ Homeowners must be the ones to elect the board
✅ HOAs must file and maintain a management certificate
Why It Matters
At its core, Chapter 209 is about balance. It doesn’t just protect homeowners, it also help the HOA operate responsibly and with full transparency. Knowing your rights and responsibilities can help prevent future costly disputes and will lead to a healthier, more connected community.
But don't take our word for it. It is always a good decision to read the complete legal text, you can review the official Texas Residential Property Owners Protection Act.
Whether you’re dealing with a violation notice, thinking about running for the board, or just trying to understand the ins and outs of your HOA better, start with Texas Property Code Chapter 209.
It’s not just the law. It’s your roadmap to a fairer neighborhood.
By knowing and following Chapter 209, homeowners can protect their rights and HOA boards can operate with confidence, transparency, and consistency. This is the key to a strong and harmonious community. For professional guidance on navigating Texas HOA law and managing your community, contact PMI Cross Timbers.
