What can my HOA legally do and what are the limits in Texas?
Reviewed May 2026📘 Short Answer
Texas HOAs can enforce deed restrictions, charge assessments, impose fines with proper notice, record liens, and restrict property use. However, Texas law limits foreclosure on homesteads, prohibits fines without notice and a hearing, and restricts HOAs from enforcing rules that conflict with state law or are 'arbitrary and capricious.'
⚖️ Relevant Texas Law
- § Tex. Prop. Code §209.006 — Requires written notice, a chance to cure certain violations, and hearing rights before many HOA fines or enforcement actions.
- § Tex. Prop. Code §202.004 — Governs enforcement of deed restrictions and prohibits arbitrary or discriminatory enforcement actions.
- § Tex. Prop. Code §209.009 — Prohibits foreclosure based solely on HOA fines or fine-related attorney's fees.
🏠 What This Means for Homeowners
Texas HOA authority comes from the deed restrictions and state law. The HOA cannot enforce rules that conflict with state law or that are arbitrary and discriminatory.
- ✓ Review your deed restrictions to understand what your HOA can actually enforce
- ✓ Know your key rights: notice before fines (§209.006), records access (§209.005), open meetings (§209.0051)
- ✓ Challenge enforcement actions that don't follow proper notice and hearing procedures
- ✓ Consider justice court for smaller disputes, or ask a Texas attorney which court fits your situation
Understand your rights against your Texas HOA
Ask Lexi🏢 What This Means for Boards and Managers
Texas HOA authority is broad but not unlimited. Arbitrary or inconsistent enforcement can be voided by courts.
- ✓ Enforce only restrictions in the deed restrictions — not unilateral board policies
- ✓ Apply enforcement consistently to all members
- ✓ Follow notice and hearing requirements before every fine
- ✓ Never threaten homestead foreclosure for fines
- ✓ Consult HOA counsel before taking enforcement actions that may be legally questionable
⚠️ Common Mistakes to Avoid
- ✕ Enforcing unwritten or unadopted policies as if they were deed restrictions
- ✕ Applying rules inconsistently — selective enforcement can void the rule
- ✕ Threatening homestead foreclosure for fine violations
People Also Ask
Can a Texas HOA tell me what to do with my property?
Yes, to the extent authorized by the deed restrictions. Texas courts apply a 'reasonableness' standard — restrictions must have a legitimate purpose and cannot be arbitrary or discriminatory (§202.004).
Can a Texas HOA restrict firearms on common property?
Under Texas Property Code §202.021, a property owners' association generally may not adopt or enforce a provision that restricts a member from lawfully possessing, carrying, or transporting a firearm or firearm ammunition. Any HOA rule restricting firearms must comply with this statute and other applicable Texas law.
Related Questions
This topic is covered in detail in: → Texas HOA Law Guide
Last reviewed: 2026-05-09 · Version 2026.2