Texas HOA Documents – Rules & Templates (2026 Guide)

⚠ Not Legal Advice. This guide is for informational purposes only. Consult a licensed Texas attorney for legal advice.

Texas HOA Overview

All governing documents are called "Dedicatory Instruments" and must be filed at the county. Ch. 209 requires a specific certified-letter format ("209 Notice") for all enforcement actions. Also mandates a "Religious Display Policy" and "Flag Display Policy." No state-wide audit requirement unless the bylaws require it.

State-Specific Document Requirements

Dedicatory Instruments

Tex. Prop. Code §§ 202.006, 204.004

Mandatory

ALL governing documents that create or modify property restrictions must be filed in the county deed records to be enforceable. This includes CC&Rs, bylaws, and all amendments. Called "Dedicatory Instruments."

Retention: Permanent (filed at county)

Disclosure: Must be filed at the county courthouse. A copy must be provided to any member who requests it.

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209 Notice / Notice of Non-Compliance

Tex. Prop. Code § 209.006

Mandatory30 days

Before taking enforcement action, HOA must send a certified letter giving the owner at least 30 days to cure the violation (or 10 days for urgent violations). Specific content required by statute: nature of violation, action required, deadline, and the homeowner's hearing rights.

Retention: 7 years

Disclosure: Sent by certified mail, return receipt requested.

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Notice of Hearing

Tex. Prop. Code § 209.007

Mandatory10 days

HOA must give owner at least 10 days notice of a hearing before fining or suspending privileges.

Retention: 7 years

Disclosure: Sent by certified mail or personal delivery.

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Meeting Records / Dedicatory Instrument

Tex. Prop. Code § 209.005

Mandatory10 days

Meeting minutes must be made available to any member within 10 business days of a written request. HOA must maintain books and records for at least 2 years.

Retention: 2 years minimum (board minutes); permanent for governing docs

Disclosure: Available upon written request within 10 business days.

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Resale Certificate

Tex. Prop. Code §§ 207.003–207.006

Mandatory10 days

HOA must provide a Resale Certificate within 10 business days of a written request. Fee cannot exceed $375 (as of 2023). Certificate must disclose: dues amount, assessment status, pending violations, and any capital improvements or special assessments.

Retention: 5 years

Disclosure: Provided to any owner requesting it for a real estate transaction.

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Annual Budget

Tex. Prop. Code § 209.00592

Mandatory

Board must hold a noticed meeting to adopt the annual budget. Members must be given the opportunity to comment before adoption.

Retention: 7 years

Disclosure: Distributed to all members at least 10 days before the meeting at which it will be adopted.

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Texas-Specific Documents

Religious Display Policy

Mandatory

Tex. Prop. Code § 202.018

HOA must adopt a written policy addressing the display of religious items. The policy cannot prohibit displays that are not visible from the street or neighboring lots.

Flag Display Policy

Mandatory

Tex. Prop. Code § 202.011

HOA must adopt a written policy regarding the display of the US flag, Texas flag, and military branch flags. Cannot unreasonably restrict patriotic displays.

Management Certificate

Mandatory

Tex. Prop. Code § 209.004

A document filed by the HOA with the county clerk certifying the name of the association, the property subject to it, and the contact information of the management company or board. Must be updated when information changes.

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