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Aug 19, 2025

Analysis of Changes to Property Owners’ Association Law During the 2025 Texas Legislative Session

  1. Summary

 

The 2025 Texas Legislative Session introduced numerous changes to Texas Property Owners’ Association Law.  The changes to the law include both mandatory and permissive actions that residential subdivisions, condominium associations, and townhome communities must make to their daily operations.  What follows is a summary and analysis of those changes made during the 2025 Legislative Session.  Attached as exhibits are the specific laws referenced in this document.  Should you have any questions, please feel free to reach out to Manning & Meyers at Casey@HOALegal.com and we will be happy to assist you in your compliance efforts.

 

  1. Short Summary Changes for Condominium Associations

 

Below is a short summary of changes solely applicable to condominium associations.  A more detailed analysis and discussion of these items may be found on page 5.

 

  • Ensure all Dedicatory Instruments are on a Website Available to the Members– If you are a condominium association that is either greater than 60 Units or managed by a management company, you must ensure that you have a website that is available to all members. Further, you must ensure that all dedicatory instruments are published and accessible on that website.

 

  • Adjust Your Maximum Resale Fees– Adjust the maximum fee charged for a resale certificate to $375.00.

 

  • Update Your Management Certificates– You must update your management certificates to also include: any amendments to your declaration, the telephone number and email address of the manager of the association, the website address of the association, and the amount and description of any fee charged by the condominium association related to a property transfer within the association.

 

  • Electronic Meetings and Voting– Condominium associations may now allow for members to meet and vote electronically. Communities seeking to avail themselves of this law are not required to amend their dedicatory instruments in order to meet or vote electronically.

 

  • Do Not Levy Fines for Dying Vegetation During Droughts– Condominium associations should no longer levy fines for dead or dying vegetation during periods in which watering restrictions are in place and for up to 60 days thereafter.

 

  • Do Not Prohibit Certain Political Candidates from Speaking in Common Areas– Condominium associations must ensure that residents and owners are not discriminated against should they seek to reserve a common area to allow for a governmental official or candidate to address residents.

 

  • Short Summary of Changes for Residential Subdivisions and Townhomes

 

Below is a short summary of changes solely applicable to residential subdivisions and townhome communities.  A more detailed analysis and discussion of these items may be found on page 5.

 

  • Update Architectural Guidelines Related to Perimeter Fences and Solar Energy Devices– It is our firm’s recommendation that each association should consider the updating of its architectural control guidelines governing the installation of perimeter fencing and solar energy devices in accordance with the updates made to Section 202.010 of the Texas Property Code. The association should specifically delineate the appearance, size, and permissible location of perimeter fencing allowed within the association and also allow for the usage of solar roofing tiles.

 

  • Ensure Compliance with new Architectural Review Authority Appointment– Each association must ensure that it solicits members for the ARA/ACC in accordance with Section 209.00507 of the Texas Property Code. Should the association be unable to find a sufficient number of members to serve, then it may appoint a board member, spouse of a board member, or person who resides with that board member to serve.

 

  • Do Not Levy Fines for Dying Vegetation During Droughts– Residential subdivisions and townhomes should no longer levy fines for dead or dying vegetation during periods in which watering restrictions are in place and for up to 60 days thereafter.

 

  • Do Not Prohibit Certain Political Candidates from Speaking in Common Areas– Condominium associations, residential subdivisions, and townhomes should take care to ensure that residents and owners are not discriminated against should they seek to reserve a common area to allow for a governmental official or candidate to address residents.

 

 

 

 

 

 

 

 

 

 

  1. Detailed Summary and Analysis of Changes

 

  • Certain Condominiums Must Make Dedicatory Instruments Available to Members Online– Section 82.1142 of the Texas Property Code has been created, which will require Texas condominium associations to maintain a website that is available to its members. All dedicatory instruments, amendments, and supplements for the community must be available and accessible on the website.  A condominium association that is less than 60 units is exempt from this requirement, unless it is managed by a management company.[1]  This provision goes into effect on September 1, 2025.  A copy of this law is attached hereto as Exhibit A.

 

Should a condominium association be greater than 60 units or be maintained by a management company, and does not currently maintain a website, it must work promptly to create a website in which the dedicatory instruments are published.  If you are having difficulty with this requirement, we recommend that you reach out to your management company so as to comply with this requirement by September 1, 2025.  If you are not managed by a management company, please reach out to our firm at Casey@HOALegal.com, and we can assist you with compliance with Section 82.1142.

 

  • New Requirements for Condominium Management Certificates: Contents & Filing– Section 82.116 of the Texas Property Code previously required the filing of a management certificate for each condominium association in the real property records for each county in which that association was located. Additionally, the statue included a list of items that must be included within a management certificate and ramifications for an association if it failed to record a management certificate.  In the 2025 Legislative Session, the Texas Legislature amended Section 82.116 to expand the list of items that must be included in a management certificate, substantially increased the ramifications for failure to record a management certificate, and provided for a second location that each management certificate must be filed. This provision is applicable to all condominium associations, irrespective of their size.

 

In addition to the list of items that were previously required to be included within a management certificate as found at Section 82.116(a) of the Texas Property Code, each association must now include the following: any amendments to its declaration, the telephone number and email address of the manager of the association, the website address of the association, and the amount and description of any fee charged by the association related to a property transfer within the condominium association.

 

The law creates an additional requirement that each condominium association file its Management Certificate and any future amendments thereto with the Texas Real Estate Commission after filing with the county clerk’s office.  Should the information on a Management Certificate change, then an association must prepare and file an updated management certificate.  That updated management certificate must be filed with both the county clerk’s office and the Texas Real Estate Commission.

 

Lastly, the law increases the ramifications faced by a condominium association should it fail to comply with the filing requirements as set forth above.  In addition to all current consequences which remain in place, the law now expressly states that an owner is not liable for attorney’s fees or interest relating to the collection of a delinquent assessments if those fees were incurred or accrued during a period of time during which a management certificate was not properly on file with the county clerk or the Texas Real Estate Commission.[2]

 

If a condominium association has previously recorded a management certificate, then it has until March 1, 2026 to file an updated management certificate with the county clerk’s office and file its management certificate with the Texas Real Estate Commission.  If no previous management certificate was on file, then a condominium association has until September 1, 2025 to comply with Section 82.116 of the Texas Property Code.  A copy of this law is attached hereto as Exhibit A.

 

It is our firm’s recommendation that each condominium association promptly prepare and file an updated management certificate with both the county clerk’s office as well as the Texas Real Estate Commission.  If you need assistance with the preparation or filing of a management certificate, you may contact our office at Casey@HOALegal.com.

 

  • Resale Certificate Monetary Caps for Condominiums– Section 82.157 of the Texas Property Code governs the requirement for a condominium association to provide a resale certificate to an owner upon request as well as the consequences for an association who fails to comply with such a request. The Texas Legislature amended Section 82.157 to establish a maximum fee that may be charged for providing a resale certificate to an owner.  These changes are applicable to owners and residents within condominium associations, and take effect on September 1, 2025.  A copy of this law is attached hereto as Exhibit A.

The maximum amount that a condominium association may charge for a resale certificate is now $375.00.[3]

 

  • Clarification to Restrictions Governing Perimeter Fencing– Section 202.023 of the Texas Property Code was created in 2021 and governs the installation of Security Measures by an owner within a residential subdivision or townhome. The changes related to Security Measures were specifically not applicable to either a condominium association or a mixed-use property owners’ association subject to Chapter 215 of the Texas Property Code.[4] Section 202.023 expressly allows for an owner to install a “Perimeter Fence” but failed to provide any clarification related to this matter.  This lead to several disputes related to the statutes interpretation.  The 2025 Texas Legislature clarified this by effectuating amendments to Section 202.023 of the Texas Property Code.

 

The law now expressly provides that a property owners’ association is not prohibited from:

  1. Prohibiting the installation of fencing in front of the front-most building line of a dwelling if provided by a restrictive covenant;
  2. Prohibiting the installation of perimeter fencing on any area other than the owner’s property;
  3. Requiring a driveway gate to be set back at least 10 feet from the right-of-way if the driveway intersects with a laned roadway;
  4. Regulating the type of fencing that an owner may install; or
  5. Prohibiting the placing of fencing that obstructs: (i) a license area as reflected on a written license agreement or plat; (ii) a sidewalk; or (iii) a drainage easement or drainage area.

 

Section 202.023 does prevent a property owners’ association from prohibiting an owner from installing perimeter fencing in front of the front most building line of a dwelling if: (i) the property owner’s residential address is exempt from public disclosure under state or federal law; or (ii) the property owner provides to the association documentation from a law enforcement agency off the property owner’s need for enhanced security measures.

 

The update related to the installation of perimeter fencing is a breath of fresh air.   Previously, the law was devoid of any language related to the ability of an owner to place fencing in front of their residential dwelling.  The update to the law provides two limited circumstances under which an owner may do so and provides a framework under which a property owners association may affirmatively restrict other owners from installing perimeter fences in their front yards.  It is our firm’s recommendation that each association should consider updating its architectural control guidelines to align with the new changes to Section 202.023.  The association should specifically delineate the appearance, size, and permissible location of perimeter fences within the association.  Should the association not regulate the appearance or installation of perimeter fences within the community, it is conceivable that the association will be required to approve nearly any perimeter fence—even a large fence in the front of a neighbor’s house—as long as the fence complies with all state and local guidelines related to the installation of such fences.

 

This law takes effect on September 1, 2025.  A copy of this law is attached hereto as Exhibit A.

 

  • Update to Law Related to Architectural Review Authority– Section 209.00505 of the Texas Property Code governs the Architectural Review Authority for a residential subdivision or townhome. Most associations currently refer to these authorities as “Architectural Review Committees” or “Architectural Control Committees.”  The Texas Legislature provides a common name for these in calling them “Architectural Review Authorities” (hereinafter “ARA”).  The law specifically defines Architectural Review Authority as “the governing authority for the review or approval of improvements within a subdivision.”[5]  The Texas Legislature recently updated Section 209.00505 to provide for clarification for property owners’ associations who cannot find individuals to volunteer to serve on the ARA.

 

Section 209.00505 of the Texas Property Code specifies who may not serve on the ARA.  A member of the ARA may not be a current board member, a board member’s spouse, or a person residing in a board member’s household.[6]  Our firm previously anticipated that this provision would cause a number of difficulties for our clients, and we were correct.  Thankfully, this has been rectified by the creation of Sections 209.00506 and 209.00507.

 

Section 209.00507 of the Texas Property Code now requires that a property owners association to solicit candidates for the ARA in the same manner as it is required to solicit board member candidates under Section 209.00593 of the Texas Property Code.  Specifically, at least 10 days prior to appointing a candidate to the ARA, the association must provide notice to members by mail, or by posting online, or in a conspicuous place within the community, a solicitation for candidates to serve on the ARA.  These postings must also be sent via email and contain instructions for how a member may notify the property owners’ association of their interest to serve.  An owner must be provided at least 10 days’ to respond to the ARA solicitation prior to the association appointing a candidate to the ARA.

 

Per Section 209.00506(d) of the Texas Property Code, if a vacancy remains on the ARA after each person eligible to serve has been notified under Section 209.00507 is appointed or elected, then the association may appoint a person otherwise ineligible to serve (e.g. a board member, spouse of board member, or person residing in a board member’s household).

 

These provisions take effect on September 1, 2025.  A copy of this law is attached hereto as Exhibit A.

 

6)     Update to Law Related Electronic Meetings & Voting– Several updates were made to laws related to the ability of owners within property owners associations to vote or conduct meetings electronically.

 

Section 82.108 of the Texas Property Code was amended to allow for a Texas condominium association to hold a meeting by any method of communication, including electronic and telephonic meetings as provided by Section 6.002 of the Texas Business Organizations Code.  In concert with the amendment to Section 82.108, Section 82.110 of the Texas Property Code was amended to allow for voting to be conducted electronically at these meetings.

 

Lastly, the Texas Legislature clarified an ambiguity within Section 209.00592 of the Texas Property Code, which applies only to Texas residential subdivisions and townhomes.  That statute now reads that “an owner must be allowed to vote by one of the following voting methods: (1) absentee ballot; (2) proxy; or (3) electronic ballot.”  Previously, it was not clear if a property owners association must allow for an owner to vote by all of these method or simply one of these methods.  Here, the Texas Legislature clarifies that only one of the above methods is necessary.  However, the law does not prevent a community from providing multiple methods of voting to an owner.

 

This law takes effect on September 1, 2025.  A copy of this law is attached hereto as Exhibit B.

 

  • Update to Law Related Solar Energy Devices– The Texas Legislature updated Section 202.010 of the Texas Property Code which governs the installation of solar energy devices (solar panels). This law now expressly includes the installation of solar roof tiles, which are becoming increasingly popular.

 

This law takes effect on September 1, 2025.  A copy of this law is attached hereto as Exhibit C.

 

  • Prohibition of Certain Fines During Residential Watering Restrictions– The Texas Legislature created Section 202.008 of the Texas Property Code which now places certain limitations on fining an owner while residential watering restrictions are in place. The law defines residential watering restrictions as “a temporary restriction of water use to irrigate residential vegetation or turf that is mandated by a municipality, water utility, or other wholesale or retail water suppliers as part of a strategy to conserve water during a period of drought.”  During this period of time, a property owners’ association may not assess a fine against an owner for violation of a restrictive covenant that requires the owner to plant or install grass or turf, or maintain green vegetation or turf, or that prohibits discolored or brown vegetation or turf on the property.  This limitation on fining extends to up to 60 days after the residential watering restriction is lifted.

 

This law takes effect on September 1, 2025.  A copy of this law is attached hereto as Exhibit D.

 

  • Meetings of Governmental Officials & Candidates– The Texas Legislature created Section 202.013 of the Texas Property Code. This Section states that a property owners’ association may not adopt or enforce a provision in a dedicatory instrument that prohibits or has the effect of prohibiting a property owner or resident from inviting governmental officials and candidates who have been qualified in the appropriate election to run for public governmental office to address or meet with property owners’ association members, residents, or their invites in common areas of the association.

 

A property owners association may place certain limitations on these types of gatherings.  These types of gatherings may be required to abide by the same provisions in the dedicatory instruments of other types of gatherings held in common areas.  Expressly, a property owners’ association may:

  1. Require a room rental fee or deposit;
  2. Limit the maximum occupancy of the common area where the meeting is held;
  3. Establish hours during which the meeting may be held;
  4. Specify the common areas where the members may meet; and
  5. Require a written reservation or rental agreement.

 

This Section does not apply to a property owners’ association that qualifies for tax exempt status under Section 501(c)(3) of the Internal Revenue Code; however, very few associations are subject to Section 501(c)(3).

 

This law takes effect on September 1, 2025.  A copy of this law is attached hereto as Exhibit E.

 

[1] Texas Property Code § 82.1142(b)

[2] Texas Property Code § 82.116(d)

[3] Texas Property Code § 82.157(f)

[4] Texas Property Code § 202.023(a)

[5] Texas Property Code § 209.00505(a)

[6] Texas Property Code § 209.00505c)