Final Update on 6/25/25
The 89th Texas Legislative Session has officially concluded. After 140 days of consideration from legislators, and approval from Governor Abbott, the POA industry faces several new laws.
As RMWBH wraps up its coverage of the 89th Texas Legislative Session, we leave you with the final status of a curated selection of bills that specifically mention property owners associations.
Bills That Have Become Law
SB 711 – Relating to property owners’ associations, including condominium unit owners’ associations.
Authors – Hughes
Status – Effective on 9/1/25
This was the compromise bill promoted in 2023 by TLAC, Texas Realtors, and TCAA, working with key legislators (but ultimately vetoed by the Governor). It addresses many concerns resulting from legislation passed in 2021.
It amends 4 sections in Chapter 82 of the Property Code, 1 section in Chapter 202 of the Property Code, and 2 sections in Chapter 209 of the Property.
The Chapter 82 amendments include: requiring associations with at least 60 units or managed associations to have a website with the recorded dedicatory instruments accessible to association members; requires management certificates to include amendments to the declaration, telephone number and email of the management company, website address where dedicatory instruments are available, and the amount or description of fees charged to a seller or buyer relating to the transfer of a unit. Within 7 days after the management certificate is recorded with the county, it must be filed with TREC. A unit owner is not liable for attorney fees or interest for delinquent assessments during the period a management certificate is not recorded or filed. The fee for a resale certificate is capped at $375.
Amends Section 202.023(c) of the Property Code regarding perimeter fencing allowing an association to: (i) prohibit fencing that obstructs a sidewalk, drainage area, or easement or license areas; (ii) require a driveway gate to be set back at least 10 feet from the street; (iii) prohibit the installation of fencing (after 9/1/25) in front of the front-most building line of a dwelling unless the residential address is exempt from public disclosure or law enforcement determines the owner needs enhanced security.
The proposed changes to Chapter 209 create a process for solicitation of candidates to serve on the architectural review authority (ARA) including a 10-day period before election or appointment to the members sent via mail, conspicuous posting and email, or website posting and email. Potential candidates for the ARA have 10 days to notify the association of an interest in serving. If a vacancy remains on the ARA after the solicitation of candidates, the board may appoint to fill the vacancy including a person not otherwise eligible (board member, board member’s spouse, or a person residing in a board member’s household).
SB 2629 – Relating to organization of, meetings of, and voting by condominium unit owners’ associations and property owners’ associations.
Author – Creighton
Status – Effective on 9/1/25
This bill amends Chapters 82 and 209 of the Property Code by amending multiple sections of Chapter 82 for procedural elements. The bill also amends Sec. 82.108 by adding (b-1) which would allow a condominium association to hold a meeting by any method of communication, including electronic and telephonic, as provided by Sec. 6.002 of the Business Organizations Code. Sec. 209.00592(a-1) would be amended by adding electronic voting to one of the required voting means associations have to choose from to offer homeowners.
HB 517 – Relating to the authority of a property owners’ association to assess a fine for discolored vegetation or turf during a period of residential watering restriction.
Author –Harris Davila
Status – Effective on 9/1/25
This bill adds new subsection 202.008 to Chapter 202 of the Property Code prohibiting POAs from fining a property owner for violating a covenant requiring an owner maintain green vegetation or turf during a period of watering restriction mandated by a city, utility, or other supplier during a drought and for a reasonable period following such water restriction.
HB 431 – Relating to the regulation by a property owners’ association of the installation of solar roof tiles
Author – Cortez
Status – Effective on 9/1/25
This bill amends Sec. 202.010(a)(2) of the Property Code adding “solar roof tile” to the definition of “Solar energy device” (defined in Sec. 171.107, Tax Code). With this change, POAs would not be able prohibit or restrict (other than exceptions already included in this section) an owner from installing solar roof tiles.
HB 621 – Relating to the authority of a POA to regulate the assembly, association, and speech of property owners or residents related to governmental officials or candidates for political office.
Author – Patterson
Status – Effective on 9/1/25
This bill amends Chapter 202 of the Property Code adding new subsection 202.013 prohibiting an association from preventing an owner or resident from inviting government officials and candidates for office to address or meet with members, residents, or invitees in common areas of the association. The association may require these meetings to abide by the same provisions that apply to any other gathering held in a common area. It does not apply to common areas not made available for meetings or POAs that qualify as tax exempt.
HB 2842 – Relating to the control by lethal means of white-tailed deer in certain areas.
Author – Zwiener
Status – Effective 9/1/25
This bill amends several sections of the Parks and Wildlife Code. Adds various notice and evidence requirements for POAs and other entities to control the white-tail deer population when recreational hunting is not feasible for controlling the population.
Bills That Passed One Legislative Chamber
HB 294 – Relating to the regulation by a municipality or property owners’ association of food production on single-family residential lots.
Author – Cortez
Status – Passed House on 5/1/25; Referred to Senate Local Government Committee on 5/5/25
This bill amends Chapter 202 of the Property Code (as well as Ch. 217 impacting cities) adding a new subsection 202.025 that prevents POAs from adopting or enforcing a restrictive covenant that prohibits growing of fruits and vegetables, raising or keeping six or fewer domestic fowl or adult rabbits, or producing food at a cottage food production operation (Sec. 437.001 Health and Safety Code).
While the bill authorizes POAs to adopt reasonable restrictions, they are not adequate as they cannot prohibit these activities.
HB 2013 – Relating to the authority of certain property owner’s association to prohibit or restrict the keeping of chickens.
Author – Bell
Status – Passed House on 4/30/25; Left pending in Senate committee on 5/19/25
This bill amends Sec. 202.007 of the Property Code adding the keeping chickens if a municipal ordinance authorizes an owner to keep chickens on the property to the list of items POAs cannot restrict owners from having.
SB 2586 – Relating to information that a property owners’ association must file with the Texas Real Estate Commission; authorizing an administrative penalty.
Author – Flores
Status – Passed Senate on 5/7/25; Referred to House Trade, Workforce & Economic Development Committee on 5/8/25
This bill adds Sec. 209.00405 to the Property Code which requires POAs to file their rules and regulations with the Texas Real Estate Commission (TREC) no later than the 7th day after filing a management certificate. Failure to do so would result in a $1,000 administrative penalty for the first day and $500 per day for each subsequent day. The POA cannot recoup the amount of the penalty from owners.
HB 4812/SB 2703 – Relating to the authority of a municipality or county to regulate condominiums.
Authors – HB 4812 – Oliverson; SB 2703 – Creighton
Status – HB 4812 – Committee report sent to Calendars on 4/29/25; SB 2703 – Passed Senate on 5/9/25; Failed to pass on 3rd reading in the House
This bill amends Sec. 82.006 to state a condo declaration is not a subdivision of land for purposes of Chapters 212, 232, or 242 of the Local Government Code. Also, a municipality or county may not require the preparation or submission for approval of a subdivision plat in connection with the creation or alteration of a condominium under Chapter 82.
Other Bills
SB 690/HB 336 – Relating to the authority of sheriffs and constables to enter into contracts to provide law enforcement services in certain counties and county financial authority in relation to sheriffs and constables in certain counties.
Authors – SB 690 – Kolkhorst; HB 336 – Schofield
Status – SB 690 – Referred to Local Government Committee on 2/3/25; HB 336 – Placed on General State Calendar on 5/13/25
The bill amends Chapter 85 of the Local Government Code by adding Sec. 85.025 to allow the sheriffs of counties with a population of 1 million or more to enter into a contract with a POA in their county for law enforcement services.
HB 509 – Relating to the authority of certain entities and individuals to prevent individuals from accessing private property for the purpose of registering voters or communicating political messages.
Author – Bucy
Status – Referred to Elections Committee on 3/3/25
This bill amends Chapter 276 of the Election Code by adding new subsection 276.020 authorizing door-to-door canvassing and political messaging. An HOA or POA (as well as political subdivision or property manager) may not adopt or enforce a rule that prevents an individual from knocking on the front door of a residential unit, ringing the doorbell, or leaving written communication at the unit for the purpose of:
- Assisting an occupant with registering to vote; or
- Communicating to an occupant support or opposition for: a candidate for nomination or election; a political party; or a measure (defined in 251.001).
A POA or HOA can adopt and enforce a reasonable restriction on the time, place, or manner of canvassing or messaging.
HB 648 – Relating to the regulation of clotheslines by a POA.
Author – Cortez
Status – Committee report sent to Calendars on 5/12/25
This bill amends Chapter 202 of the Property Code adding new subsection 202.013 prohibiting an association from preventing owners from installing or using a clothesline on their property. It does not prohibit the enforcement of a restriction that prohibits a clothesline: adjudicated by a court that threatens public health or safety or violates a law; located on property owned or maintained by the POA; located in a common area; or is visible above an owner’s fence line. Also does not prohibit enforcement of restriction that prohibits or requires prior approval for a clothesline located in an owner’s front or side yard or patio.
HB 1862 – Relating to the funding of, contracting with, and employment for law enforcement agencies in certain counties.
Author – Oliverson
Status – Placed on General State Calendar on 5/14/25
The bill offers similar amendments to SB 690, but the requirements on population size for the counties is 1.2 million.
SB 700/HB 918 – Relating to the authority of a property owners’ association to regulate the assembly, association, and speech of property owners or residents.
Authors – SB 700 – Kolkhorst; HB 918 – Schofield
Status – SB 700 – Referred to State Affairs Committee on 2/3/25; HB 918 – Referred to Trade, Workforce & Economic Development Committee on 3/6/25
This bill amends Chapter 202 of the Property Code adding subsection 202.013. SB 700 has similar language to HB 621 but does not include provisions that would allow the association to apply existing provisions for common areas to these types of gatherings.
HB 1087/SB 704 – Relating to the process for filling a board vacancy of certain POAs.
Authors – HB 1087 – Schofield; SB 704 – Kolkhorst
Status – HB 1087 – Committee report sent to Calendars on 5/14/25; SB 704 – Referred to Senate Local Government Committee on 2/7/25
This bill amends Chapter 209 of the Property Code by amending Sec. 209.00593(a) of the Property Code requiring all association board members to be elected. Any intermittent vacancies must be filled by special election of members.
HB 1133 – Relating to the authority of a POA to prohibit or regulate certain swim instruction provided in a pool on an owner’s or resident’s property.
Author – Isaac
Status – Referred to Trade, Workforce & Economic Development Committee on 3/7/25
This bill amends Chapter 202 of the Property Code adding new subsection 202.008, “Regulation of Certain Swimming Lessons.” It prohibits adoption or enforcement of a provision in the dedicatory instrument that restricts or prohibits a certified swim instructor (owner, resident, or guest) from providing certified swim instruction in a pool on the owner’s or resident’s property. A POA may adopt or enforce a provision requiring:
- The instruction be located in the back yard of the property, not visible from the front street, that it does not occur earlier than 8a.m. or later than 8p.m., and is not provided to more than four people at one time; and
- An individual participating in the instruction has access to a permanent restroom that is connected to water and sewer and located in the property’s principal dwelling, an attached garage, or an accessory building on the property.
HB 1246 – Relating to the authority of sheriffs and constables to enter into contracts to provide law enforcement services and county financial authority in relation to sheriffs and constables.
Author – Schofield
Status – Withdrawn from public hearing schedule on 3/17/25
This bill amends Chapters 85 and 86 of the Local Government Code authorizing a sheriff or constable to enter into a contract with a POA or landowner in a subdivision to provide law enforcement services.
The bill also amends Chapter 130 of the Local Government Code prohibiting a county from transferring funds appropriated to a sheriff’s or constable’s office or to the county’s general fund or prohibiting the sheriff or constable from spending appropriated funds for any lawful purpose. A county also must credit the sheriff’s or constable’s office for the money received from any contracts with POAs or other landowners for services and may not reduce a sheriff’s or constable’s budget by the amount of money received from those contracts.
HB 1432 – Relating to restrictive covenants regulating certain landscaping and water conservation practices.
Author – Goodwin
Status – Referred to Trade, Workforce & Economic Development Committee on 3/11/25
Summary: This bill amends Secs. 202.007(a) and (d) of the Property Code regarding landscaping and water conservation practices. The bill clarifies that a POA may not prohibit or restrict an owner from using drought-resistant landscaping in lieu of natural turf. The law would still provide exceptions, including POAs requiring owners submit a detailed landscaping description or plan for review and approval, but this bill would clarify that a representative outline or diagram from the owner is sufficient and would not require the description or plan be prepared by a landscape architect or other landscaping professional.
HB 1486 – Relating to dedicatory instruments prohibiting or restricting the display of Thin Blue Line flags by a property owners’ association.
Author – Louderback
Status – Referred to Trade, Workforce & Economic Development Committee on 3/11/25
This bill amends Texas Property Code Section 202.012 to add the “Thin Blue Line” flag to the list of flags the display of which property owners’ associations cannot prohibit. As defined by HB 1486, this is a “Thin Blue Line” flag:
Property owners’ associations will be able to regulate the display of the “Thin Blue Line” flag only to the extent they are currently permitted to regulate the display of the flags of the United States, Texas, and branches of the armed forces.
HB 1812 – Relating to the maintenance and use of common areas owned by a property owners’ association.
Author – Patterson
Status – Referred to Trade, Workforce & Economic Development Committee on 3/14/25
This bill amends Chapter 209 of the Property Code adding new subsection 209.018 requiring the POA to maintain the necessary fixtures and personal property related to the common areas in accordance with the same provisions or restrictions the owners have to follow for their personal property.
HB 2082 – Relating to ensuring access to the right to vote by all eligible voters
Author – Bucy
Status – Referred to Elections Committee on 3/14/25
An omnibus election related bill with a small portion affecting POAs. This bill would amend Sec. 276.020 of the Election Code preventing POAs from enforcing policies that prevent an individual from knocking on a door, ringing a door bell or leaving a pamphlet for the purposes of registering the occupant to vote or communicating support or opposition to a candidate for office, political party or political measure. The bill would allow the POA to adopt restrictions on the time, place or manner the activity is allowed.
HB 2269 – Relating to a property owners’ association’s authority to require installation or maintenance of grass or turf landscaping.
Author – Isaac
Status – No action taken in committee on 4/23/25
This bill amends Sec. 202.007 preventing POAs from requiring a property owner to plant or install grass or turf or maintain living grass or turf. (This bill does not include the chicken provision found in HB 2013).
HB 2280 – Relating to the authority of a property owners’ association to regulate a property owner’s display of political signs.
Author – Schofield
Status – Referred to Trade, Workforce & Economic Development Committee on 3/14/25
This bill amends Sec. 259.002 of the Election Code to prohibit the POA from issuing a violation if the political sign is displayed according to Sec. 259.002. The property owner is entitled to injunctive relief if they receive a violation notice. The court shall also award reasonable attorney’s fees to a property owner who prevails.
HB 2398 – Relating to the governance of property owner’s associations.
Author – Bucy
Status – Referred to Trade, Workforce & Economic Development Committee on 3/14/25
This bill adds three subsections to §209.0041, Tex. Prop. Code, allowing for the amendment of dedicatory instruments, excluding declarations, by a majority vote of property owners. If a dedicatory instrument specifies a higher percentage for amendments, that specified percentage will take precedence. Existing quorum requirements within a dedicatory instrument will apply to any amendment votes.
The bill also adds §209.00592(h), allowing the county attorney to sue for injunctive relief to restrain or remedy a violation of §209.00592 (VOTING; QUORUM).
Similarly, the bill adds §209.00593(c-1), allowing the county attorney to sue for injunctive relief to restrain or remedy a violation of §209.00593 (ELECTION OF BOARD MEMBERS).
The bill also adds 209.018 (BOARD ACTION; BOARD MEMBERS AND OFFICERS AS FIDUCIARIES), stating that “the board shall act in all instances on behalf of the property owners’ association if in the good-faith judgment of the board the action is reasonable.” The section also makes each officer or board member a fiduciary to the Association members. Finally, the section states that all acts of the Association must be by and through the board “unless otherwise provided by the declaration or bylaws or by law.”
HB 2504 – Relating to fees charged by certain property owners’ associations for resale certificates and updates of resale certificates.
Author – Hayes
Status – Reported favorably w/o amendments on 5/8/25
This bill adds another sentence to §207.003(c), Tex. Prop. Code, capping all charges for resale certificates at $375 and updates at $75. Does not appear to allow for expedited charges or other costs in excess of the statutory maximum.
HB 2630 – Relating to declarant control of certain property owner’s associations
Author – Harris Davila
Status – Referred to Trade, Workforce & Economic Development Committee on 3/18/25
This Bill would modify Section 209.00591 of the Texas Property, which currently governs the timing of transition of control of a Board of Directors of a property owners association from declarant control to property owner control.
This Bill will require at least one Board member to be elected by owners other than a declarant within 120 days from the date 50% of the lots that may be created and made subject to the Declaration are conveyed to owners other than a declarant or builders.
This Bill leaves in place the current requirement that 1/3 of the Board be elected by owners other than the declarant within 120 days of 75% of the lots being conveyed to owners other than a declarant or a builder. Section 209.00591 currently provides that if the Declaration does not include the number of lots that may be created and made subject to the Declaration, then 1/3 of the Board must be elected by owners other than on the 10th anniversary of the date the Declaration was recorded.
This Bill reduces such time period to the 5th anniversary.
HB 2828 – Relating to partial payment by an owner of an amount owed to a property owner’s association.
Author – Paul
Status – Referred to Trade, Workforce & Economic Development Committee on 3/19/25
This bill adds Sec. 209.00635 to the Property Code. The POA would not be required to accept partial payment of any amount owed to the association unless it is a part of a payment plan or other written agreement with the owner.
HB 3381 – Relating to prohibiting a person from simultaneously serving as the presiding officer of the board of a property owners’ association and as the president of the board of a municipal utility district.
Author – Rosenthal
Status – Referred to Trade, Workforce & Economic Development Committee on 3/21/25
This bill adds subsection a-4 to Sec. 209.00591 of the Property Code prohibiting a person from serving as president of a POA board and president of a MUD board at the same time.
HB 3908 – Relating to the violation of the restrictions, bylaws, or rules of a property owners’ association.
Author – Gerdes
Status – Filed
This bill adds subsections a-1 and a-2 to Sec. 209.006 of the Property Code requiring the notice of a violation for the restrictions, bylaws, or rules to be provided no later than 180 days after the violation occurs. If the violation is not sent before 180 days, a fine cannot be issued. The bill also amends Sec. 209.0061 adding subsection e stating the fine must be levied before the 180th day after the violation or the 30th day after the notice is given, whichever is later.
HB 4356 – Relating to restrictive covenants prohibiting the display of a sign containing a political message.
Author – Toth
Status – Filed
Adds Subsection (b-1) to Sec. 259.002 of the Election Code. This bill would prohibit a POA from enforcing or adopting a restriction that prohibits an owner from displaying at least one sign that contains primarily a political message.
HB 4566 – Relating to a written request for access to or information from a property owners’ association’s books and records.
Author: Kitzman
Status: Referred to Trade, Workforce & Economic Development Committee on 4/3/25
The bill amends Sec. 209.005 of the Property Code by amending Subsection (E) and adding Subsections (e-1), (e-2) and (e-3). The bill modernizes records request requirements and eliminates the requirement of a written request to be submitted by certified mail. Requests could be submitted by U.S. mail, email, hand delivery, or any other appropriate method authorized by the Association, including fax or submission through the Association’s website.
SB 141 – Relating to the authority of a municipality or a property owners’ association to regulate the raising or keeping of chickens.
Author – Hall
Status – Referred to Local Government Committee on 2/3/25
This bill amends Chapter 202 of the Property Code, adding new subsection 202.025 prohibiting POAs from preventing the raising and keeping of six or fewer chickens on a single-family residential lot. This applies only to restrictive covenants created on or after September 1, 2025. A POA may adopt and enforce a covenant that limits the number of chickens to six, prohibits the breeding of poultry, prohibits roosters, or requires a minimum distance between a chicken coop and another lot.
SB 1935 – Relating to the composition and operation of a property owners’ association board.
Author – Hinojosa, Juan “Chuy”
Status – Left pending in committee on 4/7/25
A large bill affecting several sections of Chapter 209. The bill amends Sec. 209.0051 (c-1) stating a board meeting must be held within 10 miles of the subdivision, if a majority of the Board is not elected by owners.
Next, Sec. 209.00591 is amended by amending Subsection (c) and adding Subsections (d), (e) and (f) changing the thresholds for developer control transition to be:
- 1/3 of board members must be owner elected 120 days after a majority of the lots are conveyed to owners other than the declarant or builders
- Majority of the board members elected by owners 120 days after 75 percent of lots conveyed to owners other than developer or builders; or if the Declaration does not specify the number of lots that may be created, a majority of the board must be elected by the members no later than the 10th anniversary of the recording of the Declaration
Sec. 209.0061 is amended by adding Subsection (e) requiring fines to be reasonable in the context of the nature and frequency of the violation and the effect of the violation on the subdivision as a whole. If fines are allowed to accumulate, the association must set a reasonable maximum fine amount.
Finally, the bill would add Sec. 209.018. This section would cap assessment increases at 5% per year unless the increase is approved by a vote of the majority of the total votes allocated to owners.
HB 4566 – Relating to a written request for access to or information from a property owners’ association’s books and records.
Author: Kitzman
Status: Referred to Trade, Workforce & Economic Development Committee on 4/3/25
The bill amends Sec. 209.005 of the Property Code by amending Subsection (E) and adding Subsections (e-1), (e-2) and (e-3). The bill modernizes records request requirements and eliminates the requirement of a written request to be submitted by certified mail. Requests could be submitted by U.S. mail, email, hand delivery, or any other appropriate method authorized by the Association, including fax or submission through the Association’s website.
HB 5011 – Relating to certain protections for owners in a property owners’ association.
Author – Reynolds
Status – Referred to Trade, Workforce & Economic Development Committee on 4/3/25
This bill adds Sec. 209.018 to the Property Code. This section would allow an owner in judicial action against POA to withhold assessment payment while action is pending. If the POA prevails in the action, the owner shall resume assessment payments. If the owner prevails, the POA may not file suit to collection assessment.
HB 5225 – Relating to the powers and duties of certain property owners’ associations.
Author – Alders
Status – Referred to Trade, Workforce & Economic Development Committee on 4/7/25
An omnibus bill affecting multiple sections of Chapter 209 regarding fines, assessments, restrictions, common area usage and short-term rentals.
Sec. 209.0061
Fine policy has to include restriction on POA’s authority to impose fines in unreasonable amounts
Sec. 209.0066
- A POA may not increase assessment one year to the next by an unreasonable amount (does not define unreasonable)
- POA can increase by unreasonable amount if approved by a majority of voters entitled to vote
- New Assessment Policy would be required which would include:
- General categories of restrictive covenants for which the POA may levy assessments
- Schedule of assessments for each category of common area maintenance and improvement
- Schedule of fees for use of amenities
- POA may not levy assessment for maintenance or improvement of common area without approval from majority of voters entitled to vote
Sec. 209.0094
POA may not file an assessment lien if the debt securing the lien consists solely of a minor fine
Sec. 209.0151
- Removes much of POA’s aesthetic control
- POA or ACC cannot adopt or enforce provision that restricts owner from making minor lot improvements that include:
- Painting residence color of owner’s choice
- Perimeter fencing
- Improving landscaping on property as long as it is not in violation of building code
Sec. 209.016
- Owner required to seek POA approval for short-term rental
- Defines short-term rental as residence rented wholly or partly for a fee and for a period less than 30 consecutive days
HB 5470/SB 2951 – Relating to the authority of sheriffs and constables to enter into contracts to provide law enforcement services in certain counties and county financial authority in relation to sheriffs and constables in certain counties.
Authors – HB 5470 – Schofield; SB 2951 – Bettencourt
Status – HB 5470 – Referred to Subcommittee on County & Regional Government by Speaker on 4/7/25; SB 2951 – Referred to Local Government Committee on 4/7/25
This bill brings similar amendments to HB 1246, but the population requirement for counties are increased to counties of at least 3.3 million people.
SB 2783 – Relating to the authority of a property owners’ association to regulate the display of certain flags.
Author – Birdwell
Status – Referred to Local Government Committee on 4/3/25
The bill amends Sec. 202.012(a) and (b) of the Property Code. The bill would allow owners to display a flag promoting a candidate for office, elected official, or political party during the period in which political signs can be displayed under Election Code Sec. 259.002. The POA would be able to enforce the same flag provision as other allowed flags and limit owner to only one flag for each candidate, official, or party.
HB 5438 – Relating to restrictions on residential leasing in property owners’ associations.
Author – Bhojani
Status – Referred to Trade, Workforce & Economic Development on 4/7/25
The bill adds Sec. 202.0231 to the Property Code. The section would remove the POA’s ability to enforce limits on residential leasing for lease terms over six months. Also, the POA cannot impose occupancy limits beyond those in Sec. 92.010 of the Property Code.
