In Texas, "HOA" and "condo association" aren't just different names for the same thing—they're governed by entirely different laws. If you're on a board or a homeowner trying to understand your rights, this distinction matters more than you might think.
Here's the fundamental split: Property Owners Associations (traditional HOAs for subdivisions and single-family homes) fall under Chapter 209 of the Texas Property Code. Condominiums fall under Chapter 82—the Texas Uniform Condominium Act (TUCA).
Many of the consumer protections Texas enacted for HOA homeowners simply don't apply to condo owners, and vice versa. Let's break down what each law covers and where the key differences lie.
Texas Property Code at a Glance
Property Owners Associations—governs subdivisions, single-family HOAs, and townhomes without condo declarations
Texas Uniform Condominium Act—governs condominiums created after Jan 1, 1994 with recorded condo declarations
Restrictive Covenants—applies to BOTH HOAs and condos (solar rights, flags, religious displays, etc.)
Why This Distinction Matters
This isn't just legal technicality. The chapter your community falls under determines:
- How much notice you get before meetings
- Your rights when facing enforcement or fines
- Foreclosure rules and lien priority
- What fees your association can charge
- Board transparency requirements
Texas enacted Chapter 209 specifically to address HOA abuses—stories of families losing homes over small debts, associations operating in secrecy, and fines spiraling out of control. Condominiums, governed by Chapter 82, have fewer statutory protections in some areas but more structure in others.
Meeting Notice Requirements
One of the most noticeable differences: how much advance notice you get before board meetings.
HOAs (Chapter 209)
- Regular meetings: 144 hours (6 days) notice
- Special meetings: 72 hours (3 days) notice
- Must specify date, hour, and place
- Open to all owners (with limited exceptions)
Tex. Prop. Code §209.0051
Condos (Chapter 82)
- Notice: Per bylaws (TUCA is less prescriptive)
- Typically 10-21 days for membership meetings
- Board meeting notice often per governing docs
- Open meeting requirements vary by docs
Tex. Prop. Code Ch. 82 + Bylaws
Key takeaway: HOA owners have a statutory right to 6 days' notice. Condo owners need to check their bylaws—the law defers more to the governing documents.
Enforcement & Due Process
This is where Chapter 209 really shines for homeowner protection. Texas enacted strict procedural requirements for HOAs that condos don't have to follow.
HOA Enforcement Requirements (Chapter 209)
Before an HOA can fine you or take enforcement action:
- ✓ Certified mail notice required (the "209 letter")
- ✓ 30-day cure period to fix the violation
- ✓ Right to request a hearing before the board
- ✓ Written fine schedule must be adopted and recorded
- ✓ Payment plans required (3-18 months for delinquent assessments)
Tex. Prop. Code §209.006, §209.0061, §209.0062
Condo Enforcement (Chapter 82)
TUCA provides less statutory guidance:
- • Enforcement procedures defined primarily by governing documents
- • No statutory 30-day cure period
- • No mandatory "209 letter" requirement
- • Hearing rights depend on bylaws, not state law
Tex. Prop. Code Ch. 82 + Governing Docs
What this means: If you're in an HOA, you have robust statutory protections before any fine can be levied. If you're in a condo, your rights depend heavily on what's written in your declaration and bylaws.
Foreclosure & Assessment Liens
Both HOAs and condos can place liens on your property for unpaid assessments—but the foreclosure rules differ significantly.
HOA Foreclosure (Chapter 209)
Texas Chapter 209 allows non-judicial foreclosure but with restrictions:
- • Must send notice by certified mail, return receipt requested
- • Must offer a payment plan (3-18 months)
- • Cannot foreclose on fines alone—only assessments
- • 90-day redemption period after sale (owner can buy back)
Condo Foreclosure (Chapter 82)
TUCA provides different—often stronger—lien powers for condos:
- • Assessment lien automatically attaches to unit
- • Lien has priority over most mortgages (up to 6 months of assessments)
- • Foreclosure procedures per governing docs and Texas law
- • Less prescriptive notice requirements than Chapter 209
Key difference: HOAs have more hoops to jump through before foreclosure. Condo associations often have stronger lien priority but may have fewer procedural requirements.
Resale Certificates & Fees
When you sell your home, the buyer needs information about the association. Texas caps what HOAs can charge—but condos have different rules.
HOA Fees (Chapter 207)
- Resale certificate: Max $375
- Updated certificate: Max $75
- Rush delivery (3 days): Additional $75
- Must be delivered within 7 business days
Tex. Prop. Code §207.003
Condo Fees (Chapter 82)
- Resale certificate: No statutory cap
- Fees set by governing documents
- TUCA requires disclosure but doesn't cap price
- Often higher than HOA statutory limits
Tex. Prop. Code §82.157
Website & Document Access
Texas requires larger HOAs to maintain a website—condos have no such requirement.
HOA Website Requirement
If your HOA has 60 or more lots OR uses a professional management company, you must maintain a website containing:
- • All dedicatory instruments (CC&Rs, bylaws, rules)
- • Current policies and procedures
- • Board meeting notices
- • Budget and financial information
Tex. Prop. Code §207.006
Condos: TUCA has no parallel website requirement. Condo owners must rely on document inspection requests—which vary by governing documents.
What Both HOAs and Condos Share (Chapter 202)
Regardless of whether you're in an HOA or condo, Chapter 202 applies to everyone. These are universal protections:
Protected Rights
- ✓ Display religious items on your dwelling (no size limits since 2021)
- ✓ Display US/Texas/military flags
- ✓ Install solar panels and solar roof tiles (HB 431)
- ✓ Install security cameras
- ✓ Erect perimeter fencing for security
- ✓ Keep service/comfort animals
2025 Updates
- SB 711: Front-yard fencing bans are only valid if they existed before Sept 1, 2025. New bans cannot be added.
- HB 431: Solar roof tiles now protected (not just traditional panels)
- HB 517: Prohibits discrimination against homes with solar installations in lending
Quick Comparison Chart
| Topic | HOAs (Ch. 209) | Condos (Ch. 82) |
|---|---|---|
| Board meeting notice | 144 hours (6 days) | Per bylaws |
| Enforcement due process | 30-day cure, certified mail required | Per governing docs |
| Payment plan required | Yes (3-18 months) | No statutory requirement |
| Resale certificate cap | $375 max | No statutory cap |
| Website required | If 60+ lots or managed | No |
| TREC filing | Required | Not required |
What You Need to Know
For HOA Board Members
- 1.Ensure 144-hour notice for all regular board meetings. Post conspicuously.
- 2.Use the "209 letter" process for all enforcement—certified mail, 30-day cure, hearing rights.
- 3.Adopt a payment plan policy (3-18 months) and fine schedule before levying fines.
- 4.File your management certificate with TREC and record it with the county.
- 5.Maintain your website if you have 60+ lots or use professional management.
For Condo Board Members
- 1.Review your governing documents—they're your primary source of procedural rules.
- 2.Even without statutory requirements, consider adopting HOA-style due process as best practice.
- 3.Understand your lien priority—it's often stronger than HOA liens.
- 4.Chapter 202 still applies—you can't ban solar, flags, or religious displays.
The Bottom Line
Texas drew a hard line between HOAs and condos. If you're in a subdivision or single-family community, Chapter 209 gives you real teeth: notice requirements, cure periods, payment plans, and limits on association power.
If you're in a condo, your rights are more dependent on what's written in your declaration and bylaws. The upside is that condo boards have more flexibility; the downside is that homeowners have fewer automatic statutory protections.
Either way, knowing which chapter governs your community is the first step to understanding your rights—and your responsibilities.