Texas Residential Property Owners Protection Act

Under the Applicability Section 209.003 of Chapter 209 (see below):

(a) This chapter applies only to a residential subdivision that is subject to restrictions or provisions in a declaration that authorize the property owners' association to collect regular or special assessments on all or a majority of the property in the subdivision.

(b) Except as otherwise provided by this chapter, this chapter applies only to a property owners' association that requires mandatory membership in the association for all or a majority of the owners of residential property within the subdivision subject to the association's dedicatory instruments.

(c) This chapter applies to a residential property owners' association regardless of whether the entity is designated as a "homeowners' association," "community association," or similar designation in the restrictions or dedicatory instrument.

(d) This chapter does not apply to a condominium as defined by Section 81.002 or 82.003.(e) The following provisions of this chapter do not apply to a property owners' association that is a mixed-use master association that existed before January 1, 1974, and that does not have the authority under a dedicatory instrument or other governing document to impose fines:(1) Section 209.005(c);(2) Section 209.0056;(3) Section 209.0057;(4) Section 209.0058;(5) Section 209.00592; and(6) Section 209.0062.”

Title 11, Chapter 209

Section Name Section Number
Short Title 209.001
Definitions 209.002
Applicability of Chapter 209.003
Management Certificates 209.004
Adoption or Amendment of Certain Dedicatory Instruments 209.0041
Methods of Providing Notices to Owners 209.0042
Association Records 209.005
Open Board Meetings 209.0051
Association Contracts 209.0052
Voting 209.0055
Notice of Election or Association Vote 209.0056
Recount of Votes 209.0057
Ballots 209.0058
Right to Vote 209.0059
Board Membership 209.00591
Voting; Quorum 209.00592
Election of Board Members 209.00593
Tabulation of and Access to Ballots 209.00594
Notice Required Before Enforcement Action 209.006
Alternative Payment Schedule for Certain Assessments 209.0062
Priority of Payments 209.0063
Third Party Collections 209.0064
Hearing Before Board; Alternative Dispute Resolution 209.0059
Attorney's Fees 209.008
Foreclosure Sale Prohibited in Certain Circumstances 209.009
Prerequisites to Foreclosure; Notice and Opportunity to Cure for Certain other Lienholders 209.0091
Judicial Foreclosure Required 209.0092
Removal or Adoption of Foreclosure Authority 209.0093
Assessment Lien Filing 209.0094
Notice After Foreclosure Sale 209.010
Right of Redemption After Foreclosure 209.011
Restrictive Covenants Granting Easements to Certain Property Owners' Associations 209.012
Authority of Association to Amend Dedicatory Instrument 209.013
Mandatory Election Required After Failure to Call Regular Meeting 209.014
Regulation of Land Use; Residential Purpose 209.015
Regulation of Residential Leases or Rental Agreements 209.016

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