Buying in a Texas HOA: the documents to read before closing

Question, scoped You are buying a house in Texas that sits in a property owners' association. What should you read, and when? As of October 2026. Statutes cited are the Texas Property Code. The answer - The dedicatory instruments: the declaration (often called the CC&Rs), bylaws, and rules. These say what you can build, paint, park, rent out and fly. Chapter 202 of the Property Code governs how they are construed and enforced, and the association is required to record or publish them. - The resale certificate. Section 207.003 requires the association to provide one on request. It shows assessments, any amounts owed on the property, known violations, pending lawsuits, insurance and the reserves. Your contract should give you time to read it and a right to terminate if it surprises you. - Recent meeting minutes and the budget. Special assessments rarely come from nowhere; they show up as a reserve problem a year or two before. - Chapter 209 (the Texas Residential Property Owners Protection Act) covers notice and hearing rights before fines and the limits on foreclosure for unpaid assessments. Questions to ask in writing: Is a special assessment planned? Are there rental or short-term-rental restrictions? Is any litigation pending? Sourced Texas Property Code chapters 202, 207 and 209 (https://statutes.capitol.texas.gov), and the documents themselves, which are recorded with the county clerk. What would change this answer The Legislature amends Chapter 209 most sessions. Check the current text rather than a summary from a few years ago.