Overview
The 89th Texas Legislature adopted a suite of bills that impact Texas homeowners’ associations (“HOAs”). Effective September 1, 2025, these enactments expand owner protections, impose new transparency and filing mandates, cap certain fees, modernize meeting and voting rules, and tighten limits on fines.
Boards, management companies, and developers should update governing documents, operational practices, and technology platforms now to avoid statutory penalties and civil exposure.
What’s New
Bill | Core Subject Matter | Key Take-Aways |
SB 711 | Transparency; Security Measures; Management Certificates; Resale Fees | • Mandatory online posting of dedicatory instruments for condominiums ≥ 60 units or HOAs managed by a management company. |
SB 2629 | Electronic Governance | • Condominium & HOA owner meetings and board meetings may be held by electronic or telephonic means. |
HB 621 | Assembly & Political Speech | • HOAs may not bar owners or residents from inviting elected officials or qualified candidates to speak in common areas, subject to reasonable, content-neutral rules (fees, hours, occupancy, reservations). |
HB 517 | Water-Restriction Fine Moratorium | • Associations cannot fine owners for brown or discolored turf/vegetation during a municipally mandated watering restriction and for 60 days after the restriction is lifted. |
HB 431 | Solar Roof Tiles | • Clarifies that solar roof tiles are “solar energy devices” protected under Property Code § 202.010. Existing solar covenants apply equally to tile-based systems. |
SB 2411 | Corporate Governance Tweaks | • Nonprofit corporation boards may delegate any or all authority to committees directly in bylaws or certificate of formation (Bus. Org. Code § 22.218). |
HB 2842 | Wildlife Control | • POAs that employ lethal means to control white-tailed deer populations must follow new notice, permit, and inspection protocols under Parks & Wildlife Code § 43.151. |
So What?
- Heightened Filing & Liability Exposure
Failure to record and electronically file a compliant management certificate within statutory deadlines suspends the association’s right to recover attorneys’ fees or interest on delinquent assessments incurred during the lapse. - Transparency & Technology Requirements
Condominiums and HOAs meeting the § 82.1142 thresholds must maintain a members-accessible website. Associations must coordinate with management companies to upload all dedicatory instruments—and keep them current. - Fee Caps & Budgetary Impact
The $375 resale-certificate ceiling curtails a traditional revenue source for many HOAs and their managers. - Governance Flexibility & Risk
Electronic meetings and voting can increase participation but demand robust authentication and record-keeping protocols to withstand challenges. - Enforcement Strategy Adjustments
Water-related turf restrictions and political-speech protections narrow disciplinary tools and heighten the litigation risk of over-zealous fines or uneven rule enforcement. - Committee Delegation Opportunities
SB 2411 allows boards to embed broad committee authority in governing documents—streamlining approvals but also requiring careful drafting to avoid over-delegation pitfalls.
What Should HOAs Do?
- Audit & Update Governing Documents
• Amend bylaws to authorize electronic meetings/voting.
• Insert committee-authorization language consistent with SB 2411.
• Revise ACC/security and fencing policies to reflect permitted setbacks and exemptions.
• Add political-speech and common-area use provisions congruent with HB 621.
• Incorporate solar roof tile language into renewable-energy rules. - File/Re-File Management Certificates
• Assemble required data—management company contact, transfer fees, website URL.
• Record amended certificate in each relevant county and electronically upload to TREC within 7 days.
• Calendar reviews for ongoing accuracy; statutory deadline for legacy certificates is March 1, 2026. - Build or Enhance Member Website
• Post declaration, bylaws, rules, budget, meeting minutes, and certificate copies.
• Implement version-control and continuous-update protocols. - Re-Engineer Resale Processes
• Align pricing matrices to the $375 cap; consider bundled electronic delivery to reduce overhead.
• Provide staff training on mandatory content and timing. - Adjust Enforcement & Fine Schedules
• Insert automatic suspension triggers during watering bans and 60-day grace period.
• Train compliance officers on new limitations. - Plan for Electronic Governance
• Select secure video and e-voting platforms.
• Adopt authentication, quorum-tracking, and record-retention procedures. - Wildlife Management Readiness
• For communities facing deer overpopulation, consult counsel before engaging contractors; prepare evidence package, notice, and permit applications per HB 2842.
What’s the Urgency?
Immediate (Next 30 Days) | By September 1, 2025 | Post-Effective (Ongoing) |
• Engage counsel to map relevant statutory changes. | • Record/efile amended management certificate. | • Monitor watering restrictions; auto-suspend turf fines. |
Key Take-Away
Texas has further modernized HOA operations, bolstered owner rights, and increased governmental oversight. Associations that proactively update policies, filings, and technology will mitigate litigation exposure and maintain community trust; those that wait face fee caps, enforcement limitations, and potential statutory penalties.
For More Information
Our team is is prepared to conduct policy audits, draft compliant amendments, and train boards and staff on the 2025 reforms.
This client alert is for informational purposes only and does not constitute legal advice.
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