Key takeaways
- Your recorded declaration, not the building's look, decides whether you're in a condo or an HOA.
- Condos follow Chapter 82; HOA subdivisions follow Chapter 209, which doesn't cover condos.
- Condo associations must insure common elements and carry liability coverage, if reasonably available.
- Neither a Texas HOA nor a condo association can foreclose over a debt made up only of fines.
In Texas, a condo owner owns a unit plus a shared, undivided interest in the condominium’s common elements, and the association follows Chapter 82 of the Property Code. An HOA owner usually owns a lot and a house, and the association follows Chapter 209, which doesn’t cover condos. That difference shapes insurance, maintenance, resale certificates and how rules are enforced.
Condo vs HOA at a glance
Ownership and insurance are the biggest differences for most owners. This table gives you the main rules; your recorded declaration fills in your community’s duties.
| Topic | HOA subdivision | Condominium |
|---|---|---|
| What you own | Usually a lot and the home on it; subdivisions can include townhomes (§209.002(9)). | A unit and an undivided interest in common elements (§82.003). |
| Texas law | Chapter 209 covers residential subdivisions that meet its requirements (§209.003). | Chapter 82 applies in full to newer condos and older condos that adopted it; listed sections reach other older condos (§82.002). |
| What the association usually maintains | Shared subdivision property, as the declaration provides. | Shared building parts and other common elements, as the declaration provides. |
| Insurance the law requires | We’re not aware of any Texas statute that requires an HOA to carry insurance. | Property coverage for insurable common elements and commercial general liability, to the extent reasonably available (§82.111). |
| Resale certificate deadline and age | Due by the 10th business day after a written request; prepared no earlier than 60 days before delivery (§207.003). | Due by the 10th calendar day after the unit owner’s written request; prepared no earlier than three months before delivery (§82.157). |
| Resale certificate fee cap | $375; an update requested within 180 days costs up to $75 and is due within seven business days. No fee applies if the certificate is late (§207.003). | $375 since September 1, 2025 (SB 711; §82.157). |
| Notice before a fine | Certified-mail notice, with a cure period and hearing right when applicable (§209.006). | For condos fully under Chapter 82: written notice, 30 days to request a hearing, and time to cure, with a repeat-violation exception (§82.102(d)). Older condos: check your declaration. |
| Foreclosure for fines only | Barred (§209.009). | Barred (§82.113(e)). |
| Management certificate and TREC filing | Record a certificate, amend it after changes, and e-file it with TREC (§209.004). | The same filing pattern applies (§82.116). |
| Owner records requests | The owner sends a certified-mail request; the association answers by the 10th business day, or gives notice of a date no later than the 15th business day (§209.005). | Chapter 82 has a similar process; older-condo owners should check its applicability (§82.1141). |
| Annual independent audit | Check the governing documents for audit duties. | Required each year as a common expense (§82.114(c)). |
| Documents online | Chapter 207 governs website posting of governing documents (§207.006). | For condos fully under Chapter 82: online posting at 60 or more units, or with a management-company contract (§82.1142). Older condos: check applicability. |
Texas law as of October 2026. The Legislature meets in odd-numbered years and changes these rules; check with your association’s attorney.
Which Texas law covers your community
Chapter 209 covers a Texas HOA subdivision that meets its requirements; Chapter 82 covers condominiums according to the declaration’s recording date. Read the recorded declaration to identify which rules govern your property.
A Chapter 209 subdivision limits most of its land to single-family homes, townhomes or duplexes (§209.002(9)). Its declaration must let the association collect regular or special assessments (§209.003). Chapter 209 excludes condominiums. Chapter 207 doesn’t apply to a condo association governed by Chapter 82 or a council of owners under Chapter 81 (§207.002(b)).
Chapter 82 applies in full when a condo declaration was recorded on or after January 1, 1994 (§82.002). An older condo can adopt the full chapter by amending its declaration. Otherwise, only listed sections apply, including insurance, liens, records, management certificates and resale certificates.
- Get the declaration. Find it in county property records or through the website listed on the management certificate.
- Check the recording date. For a condo, that date helps determine how much of Chapter 82 applies.
- Identify each association. In master-planned areas from Pflugerville to Kyle and Buda, a condo association can sit inside a master HOA. If you pay both, read both declarations to see which board handles what.
Similar-looking townhomes in Round Rock or Cedar Park can have different ownership structures. The declaration tells you whether you own a lot or a condo unit with shared common elements.
What you own and who maintains it
A condo owner owns the unit described in the declaration and shares ownership of the common elements. An HOA owner usually maintains the home, while the association maintains shared property identified in its documents.
For a Texas condominium, common elements are everything that is not a unit (§82.003). They can be general or limited. Roofs, halls and grounds are often general common elements, while a balcony, assigned parking space or storage closet is often a limited common element reserved for one unit. Your declaration says which is which. Exclusive use of a patio alone does not tell you who pays to repair it.
When a roof leaks or a pipe bursts, start with the declaration’s unit boundaries and maintenance chart. A unit boundary is often the drywall surface, though every declaration is different. Check those documents and the master policy before dispatching a vendor or billing an owner.
Insurance: the biggest practical difference
Condo associations have insurance duties under Texas law, while HOA boards must look to their governing documents and coverage needs. We’re not aware of any Texas statute that requires an HOA to carry insurance.
For a condominium, the association must insure insurable common elements to the extent reasonably available (§82.111). Coverage must reach at least 80% of replacement cost or actual cash value. The association must also carry commercial general liability in an amount the board sets, no lower than the declaration requires.
Where condos have horizontal unit boundaries, meaning units stacked one above another, the master policy must include the units (§82.111). It excludes improvements and betterments an owner made. Owners can ask an insurance agent to compare their own policy with the master policy and declaration.
For a loss below the deductible, whoever would be responsible for the repair pays (§82.111). Above the deductible, the dedicatory instruments (the declaration, bylaws, rules and other recorded governing documents) decide who pays it. If they are silent, the board may decide by resolution. If it does not, the deductible is a common expense. The association may assess it to an owner whose act or omission caused the damage.
A condo insurer must give 30 days’ written notice before cancellation or nonrenewal (§82.111). If required coverage is not reasonably available, the association must notify owners. An HOA board sets coverage from its declaration, bylaws and lender requirements, plus its own judgment about risk. Boards reviewing coverage can read our HOA insurance program page.
Assessments, reserves and audits
Both associations collect assessments for current costs and future repairs. Condo associations also have a yearly independent-audit requirement under Chapter 82.
We’re not aware of any Texas statute that requires a reserve study or a set reserve-funding level for either type of association. Both resale certificates still report reserves for capital expenditures, if any (§207.003(b)(6); §82.157(a)(5)). That figure helps buyers ask how planned repairs will be paid for.
A condo board may adopt and amend budgets for revenue, spending and reserves (§82.102(a)(2)). Shared roofs, walls, elevators and plumbing can make those choices substantial. The association must obtain an independent audit of its records each year as a common expense (§82.114(c)). In an HOA subdivision, annual budget approval requires an open, noticed board meeting (§209.0051(h)).
Rules, fines and foreclosure
Texas HOA subdivisions follow Chapter 209 procedures before fines, and condos fully under Chapter 82 follow §82.102(d). Neither may foreclose for a debt consisting solely of fines. The notice and hearing rules depend on the association’s legal type.
In a Texas HOA subdivision, certified-mail notice comes before a fine, suspension of common-area use or property-damage charge (§209.006). It also comes before a lawsuit other than one to collect assessments, or reporting a delinquency. For a curable violation that does not threaten public health or safety, the notice gives a reasonable cure period. If the owner cures in time, the HOA cannot assess the fine.
- Read the notice closely. It describes the violation and, when the owner is entitled to a chance to cure, gives the cure period and the hearing option.
- Fix it or ask for a hearing. Curing the violation in time means no fine. An owner who is entitled to a chance to cure can also request a hearing within 30 days of the notice (§209.006).
- Prepare for the hearing. The HOA holds it within 30 days of the request and gives 10 days’ notice (§209.007). The owner gets the association’s evidence packet at least 10 days before.
Under Chapter 82, a condo association gives written notice before a fine or damage charge (§82.102(d)). It describes the violation and proposed charge, allows 30 days to request a hearing, and offers reasonable time to cure. The cure opportunity doesn’t apply if the owner had notice and a chance to cure a similar violation in the previous 12 months. Pre-1994 condo owners should ask how their declaration and applicable statutes govern fines.
An HOA cannot foreclose for debt consisting solely of fines or attorney’s fees tied only to fines (§209.009). A condo cannot foreclose a lien for assessments consisting solely of fines (§82.113(e)). An HOA using expedited foreclosure needs a court order unless waived (§209.0092). A condo owner may redeem within 90 days after a foreclosure sale (§82.113(g)).
An HOA subdivision with more than 14 lots must adopt reasonable payment-plan guidelines (§209.0062). The minimum term is three months. A plan is not required for an amount that would take more than 18 months to pay. It is also not required after a plan default in the prior two years, or more than once in 12 months.
Resale certificates when you buy or sell
An HOA resale certificate is due by the 10th business day after a written request; a condo certificate is due by the 10th calendar day. The preparation dates and update rules also differ, so check them before closing.
- HOA subdivision: The certificate must be prepared no earlier than 60 days before delivery (§207.003). Its fee is capped at $375. An update requested within 180 days costs up to $75 and is due within seven business days. No fee applies if the certificate is late.
- Condominium: The unit owner’s written request starts the 10-calendar-day deadline (§82.157). The certificate must be prepared no earlier than three months before delivery. Its $375 fee cap has applied since September 1, 2025 (SB 711).
A condo certificate includes 14 required statements, including capital reserves and the managing agent’s contact information (§82.157). Buyers can compare the reserve figure with known repair plans and ask the board about upcoming expenses.
Meetings, voting and documents
HOA subdivisions and condos may hold electronic meetings under their applicable rules. Voting, notice and document duties differ, especially for older condos.
Board meetings and voting
In an HOA subdivision, board notice may be mailed 10 to 60 days before a meeting (§209.0051). Alternatively, post or e-mail notice at least 144 hours before a regular meeting or 72 hours before a special meeting. Directors may meet electronically if every director can hear and be heard. Owners must be able to listen, with access instructions in the notice.
An HOA board may act outside a meeting, but listed decisions need an open, noticed meeting (§209.0051). Those include fines, foreclosure, assessment increases, lending or borrowing money, annual budget approval and officer elections. Under SB 2629, effective September 1, 2025, HOA owner meetings may be electronic (§209.0056(d)). Owners must be allowed an absentee ballot, proxy or electronic ballot (§209.00592(a-1)).
Under Chapter 82, condo association and board meetings may be electronic (§82.108). Voting may also be electronic (§82.110(d)). Owners of pre-1994 condos should confirm which of these provisions apply to them. One limit protects owners: the board can’t decide a fine, damage assessment, architectural-denial appeal or suspension by electronic vote or unanimous written consent (§82.108(c), (c-1)). The owner first gets a chance to attend a board meeting and present their side.
Management certificates
An HOA records a management certificate in each county where its subdivision sits (§209.004). Among other details, it lists the manager’s or representative’s contact information, the website and transfer-related fees. A condo certificate lists any management company’s contact information (§82.116).
An amended certificate must be recorded within 30 days of notice of the change (§209.004(b), (b-1); §82.116). E-file it with TREC within seven days after filing it for recording. Condo associations with an existing recorded certificate had until March 1, 2026, to e-file their latest one (SB 711 §8). Filing on time matters. If a certificate isn’t recorded or filed as required, owners don’t owe the association’s attorney’s fees or interest on delinquent assessments for that period (§209.004(e); §82.116).
Website posting and records
Under Chapter 82, a condo with at least 60 units or a management-company contract must post its governing documents online (§82.1142). This section isn’t on the list that automatically reaches pre-1994 condos, so owners of older condos should ask before relying on it. HOA subdivision website posting follows Chapter 207 (§207.006).
In an HOA subdivision, send a written records request by certified mail to the address on the current management certificate (§209.005). The association responds by the 10th business day, or gives notice of a date no later than the 15th business day. Chapter 82 has a similar condo process (§82.1141). Pre-1994 condo owners should ask their attorney whether that section applies.
An HOA subdivision with more than 14 lots must adopt a retention policy (§209.005). Keep governing documents permanently. Keep financial books and records, meeting minutes, and tax and audit records for seven years. Keep current owners’ account records for five years. Keep contracts of one year or more for four years after the contract ends.
For more owner questions, see our HOA FAQ. This is general information, not legal advice. Your governing documents and your association’s attorney have the final word.
What changes when a management company runs a condo
When a pipe bursts between floors, a condo manager coordinates emergency vendors and keeps affected owners updated. Shared roofs, plumbing stacks, elevators and exterior walls can make one repair affect many neighbors.
The manager helps the board apply the declaration’s maintenance rules and the master policy’s deductible rules (§82.111). Condo work also includes master-policy claims, the yearly independent audit (§82.114(c)), and management-certificate and TREC filing duties (§82.116). Where online posting applies, the board must account for that duty too (§82.1142).
PS Property Management has served Central Texas communities since 1987 and manages 100+ communities. We have bilingual staff (English and Spanish), and condo communities get monthly or bi-monthly inspections. Board dashboards show live bank balances, work orders and architectural requests. Homeowners have a portal for payments and requests.
We process vendor invoices in 1.8 days on average, using the board’s own approval rule. Boards can explore our condo management and HOA management services. Our free HOA board member training has nine modules and needs no sign-up.
Frequently asked questions
Is a condo association an HOA?
In everyday conversation, both get called HOAs, and both are owners’ associations. Texas law treats them differently, though. Chapter 209 covers HOA subdivisions and expressly excludes condominiums (§209.003), while condos follow Chapter 82 (§82.002).
Are townhomes condos or HOA homes in Texas?
They can be either. Texas HOA subdivision law includes townhomes (§209.002(9)). A condo instead has separately owned units and common elements owned in undivided interests (§82.003). Read the recorded declaration to tell which structure you own.
My condo was built in 1985. Which law applies?
Check when its declaration was recorded, rather than when construction finished. Chapter 82 applies in full if the declaration was recorded on or after January 1, 1994, or the condo adopted it (§82.002). Otherwise, listed sections still apply, including insurance, liens, records, management certificates and resale certificates.
Who pays a Texas condo master-policy deductible?
For a loss below the deductible, whoever would be responsible for the repair pays (§82.111). Above it, the dedicatory instruments decide who pays; if silent, the board may decide by resolution. If the board does not, the deductible is a common expense. The association may assess it to an owner whose act or omission caused the damage.
Do Texas HOAs have to carry insurance?
We’re not aware of any Texas statute that requires an HOA to carry insurance. Check the declaration, bylaws and lender requirements. Condo associations have separate property and liability coverage duties, to the extent reasonably available (§82.111).
How fast must a resale certificate arrive?
An HOA subdivision certificate is due by the 10th business day after a written request (§207.003). A condo certificate is due by the 10th calendar day after the unit owner’s written request (§82.157). Both have a $375 fee cap, and an HOA cannot charge if its certificate is late.
Can my association foreclose if I only owe fines?
A Texas HOA subdivision cannot foreclose for debt consisting solely of fines or related attorney’s fees (§209.009). A condo association cannot foreclose a lien for assessments consisting solely of fines (§82.113(e)). Review the account ledger if it also includes assessments.
Does a Texas condo need a management company?
Hiring one is generally the board’s decision. Unless its declaration says otherwise, a condo board may hire and terminate managing agents (§82.102(a)(3)). Under Chapter 82, hiring a company can trigger online posting of governing documents (§82.1142). Owners of older condos should confirm whether that section applies.
Talk to PS Property Management
This is general information, not legal advice. Your governing documents and your association’s attorney have the final word.
Whether your board runs a condo building in Austin or an HOA in Round Rock, PS Property Management manages both kinds of communities across Central Texas. Pricing is custom to your community — request a proposal or call (512) 251-6122, Monday–Friday, 9:00 AM–5:00 PM Central.
“When a roof leaks or a pipe bursts, start with the declaration's unit boundaries and maintenance chart.”
