Texas HOA Laws
Last updated: April 2026
Researched by the HOAOverreach Research Team
Governing Statute
Texas Residential Property Owners Protection Act
Tex. Prop. Code §§ 209.001–209.016
In Texas, homeowners are protected by the Texas Residential Property Owners Protection Act (Tex. Prop. Code §§ 209.001–209.016). The state does not mandate a pre-fine hearing, but your CC&Rs may require one. The HOA must provide at least 30 days written notice before enforcement action. There is no state-mandated fine cap.
Your Rights in Texas
Right to written notice before fine
Tex. Prop. Code § 209.006Association must give at least 30 days written notice specifying the violation before assessing a fine.
Right to opt-in fine hearing
Tex. Prop. Code § 209.007Homeowner may request a hearing before the board within 30 days of the violation notice.
Right to solar equipment
Tex. Prop. Code § 202.010A property owners association may not include or enforce any provision that prohibits the installation of solar energy devices.
Right to political signage
Tex. Prop. Code § 202.009Association may not prohibit owner from displaying political signs during the period beginning 90 days before election day through 10 days after.
Right to flag display
Tex. Prop. Code § 202.012An association may not restrict an owner from displaying the American flag or a military service flag.
Fine & Enforcement Rules
Hearing Required
Not required by state law
Notice Period
30 days
Fine Cap
No state cap
Dispute Resolution
Not required
Special Protections
Solar Access Law
Protected
Flag Display
Protected
Political Signs
Protected
Rental Restrictions
Rental restrictions must be recorded in the dedicatory instrument to be enforceable under Tex. Prop. Code § 209.016.
Frequently Asked Questions
What is the main HOA law in Texas?
Texas's primary HOA statute is the Texas Residential Property Owners Protection Act, codified at Tex. Prop. Code §§ 209.001–209.016. This law establishes homeowner rights, board obligations, and enforcement procedures for HOA-governed communities.
Does Texas require a hearing before an HOA can fine me?
Texas does not have a blanket statutory requirement for a hearing before fines. However, your CC&Rs or bylaws may include their own hearing procedures that the HOA must follow.
Can my HOA in Texas restrict solar panels?
Texas has a solar access law that restricts HOAs from prohibiting solar energy system installations. The HOA may impose reasonable aesthetic guidelines but cannot effectively ban solar panels.
How do I file a complaint against my HOA in Texas?
Start by documenting the violation in writing and requesting a response from the board. If the HOA does not comply, you may need to consult an attorney or file in small claims court. You can also contact your state attorney general's office or consumer protection division.
Check Your Rights in Texas
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