Another biennial legislative session means more changes for property owners’ associations (POAs), affecting both homeowners’ associations (HOAs) and condominium owners’ associations (COAs).

Changes for both Homeowners’ Associations and Condominium Owners’ Associations

House Bill 621 – Events Involving Political Candidates in/on Common Facilities
HB 621 adds Sections 202.013 to the Texas Property Code. Under HB 621, a POA may not adopt or enforce a restriction that prohibits an owner or resident from inviting governmental officials and candidates for election to address or meet with POA members, residents, or their invitees in the association’s common areas. A POA may impose requirements that would otherwise apply to any other gathering, including rental fees, deposits, reservations, and occupancy limits. An area that is closed due to designated season use or only available for POA meetings (member meetings, board meetings, or committee meetings). In addition, HB 621 does not apply to POAs that qualify for tax exempt status under Section 501(c)(3) of the Internal Revenue Code of 1986. The Act takes effect on September 1, 2025.

House Bill 517 – Suspension of Enforcement Action for Brown Grass and Vegetation
HB 517 adds Sections 202.008 to the Texas Property Code. Under HB 517, a POA must suspend enforcement of any restriction that requires an owner to plant or install grass or turf or maintain green vegetation or turf for any period of time that a property is under a residential watering restriction. The suspension shall also apply for the 60-day period after watering restrictions are lifted. The Act takes effect on September 1, 2025.

HB 431 – Solar Roof Tiles
HB 431 amends Section 202.010 to add “solar roof tiles” to the definition of “solar energy device. The Act is effective immediately.

Changes Applicable to Homeowners’ Associations

Senate Bill 711 – Architectural Review Authority
Four years ago, SB 1588 added Section 209.00505 (pertaining to an HOAs architectural review process) to the Texas Property Code. Under Section 209.00505, an HOA with over 40 lots must: (1) separate directors from architectural review committee (ARC) members; (2) for any ARC denial, include a written response providing information about the reason(s) for the denial; and (3) offer a hearing before the board.

SB 711 adds Sections 209.00506 and 209.00507 to the Texas Property Code. Section 209.00506 replaces Section 209.00505(c), which pertains to ARC participation eligibility. Under SB 711, as of September 1, 2025, an HOA must incorporate an ARC member solicitation process similar to the process used to solicit candidates for election to the board. Now, an HOA must provide notice of an ARC vacancy at least 10 days before the selection date. The HOA must first select ARC members from those who timely notified the HOA of their interest to serve on the ARC. If a vacancy exists after the candidates are appointed or elected to the ARC, the HOA may then appoint any person, including a person who would otherwise be disqualified. Specifically, the HOA may then appoint a director, a director’s spouse, or a person residing in a director’s household to serve on the ARC.

SB 711 – Security Fencing Restrictions
SB 711 supplements Section 202.023 of the Texas Property Code. Under SB 711, an HOA may now impose additional restrictions on security fencing. At present, a POA may regulate the type of fencing an owner may install for security purposes. SB 711 expands the restrictions an HOA can imposes on security fencing. Specifically, an HOA may now prohibit fencing that would obstruct a license area, a sidewalk installed for public use, or a drainage easement/area. An HOA may also prohibit the installation of fencing in front of the front-most building line of a dwelling unless the fencing: (1) is/was installed before September 1, 2025; (2) is installed at a home where the residential address is exempt from public disclosure; or (3) is installed after an owner provides the HOA with documents from a law enforcement agency explaining the need for enhanced security measures at the home. For any driveway gate, an HOA may prohibit installation of the gate within 10 feet from the right-of-way if a driveway intersects with a laned roadway.

Senate Bill 2629 – Voting Methods
Previously, an HOA was required to provide, at a minimum, the right to vote by absentee ballot or by proxy. Under SB 2629, an HOA electronic voting has been added, such that an HOA must provide an owner with one of the following voting methods: (1) electronic ballot; (2) absentee ballot; or (3) by proxy.

Changes Applicable to Condominium Owners’ Associations

Senate Bill 711 – Websites, Management Certificates, TREC Filing, and Resale Certificates

Website [At Least 60 Units or Under Contract With a COA Manager] – A COA must now maintain a website that allows owners to access current versions of the association’s recorded dedicatory instruments. The website may be managed by the COA or the property manager. The Act takes effect on September 1, 2025.

Management Certificates – Additional Disclosures – A COA management certificate must now include: (1) any declaration amendments; (2) additional contact information for the management company, including a phone number and email address; (3) the web address where the association’s dedicatory instruments are available; and (4) any fees associated with the transfer of an interest in a unit. If there is a change in any required information, an amended management certificate must be recorded within 30 days of the association receiving notice of the change. If a management certificate is not timely recorded, unit owners are not liable for interest on delinquent assessments or attorney’s fees for collections during the period of noncompliance. The Act takes effect on September 1, 2025.

TREC Filing Requirement – A COA must file its management certificate with the Texas Real Estate Commission (TREC) within seven days after the is certificate recorded with the county clerk. If a management certificate is not timely filed with TREC, unit owners are not liable for interest on delinquent assessments or attorney’s fees for collections during the period of noncompliance. The Act takes effect on September 1, 2025; however, if a COA has recorded a compliant management certificate before September 1, 2025, the COA is not required to file the management certificate until March 1, 2025. The Act takes effect on September 1, 2025.

Resale Certificate Fee Cap – The fee for condominium association resale certificates is capped at $375. The Act takes effect on September 1, 2025.

Senate Bill 2629 – Meetings and Voting

Electronic and Telephonic Meetings – COA meetings (member meetings and board meetings) may now be held by any method of communication, including electronic and telephonic means, as per Section 6.002 of the Business Organizations Code.