Skip to main content

Property Management Blog

Texas HOA Compliance in 2026: Changes Affecting Landlords

Texas HOA Compliance in 2026: Changes Affecting Landlords

Ten minutes after you finally sit down, your phone buzzes again. Violation notice, blurry photo, new fine, and a warning that more charges are on the way. If you own rentals in DFW, you know this drill. Tenants forget to put out bins, crews miss mowing days, and somehow the bill lands on you. 

The good news is that Texas rules now set more precise steps for notice, hearings, and what HOAs can ask about your tenants. This guide turns that maze into a simple playbook so you can prevent surprises, protect cash flow, and stay ahead in 2026. 

Key Takeaways

  • Notice is Mandatory: HOAs must send landlords a formal written notice (via certified or verified mail) and provide a reasonable time to cure an issue before levying fines.
  • Tenant Screening is Limited: An HOA cannot require a tenant's application, credit report, or background check; it is only entitled to the tenant's name, contact information, and lease dates.
  • Leasing Fees Remain Uncapped: While resale certificate fees for home sales are capped, the law does not limit the amount an HOA can charge for leasing, move-in, or tenant transfer fees.
  • No Fines for Drought-Affected Lawns: HOAs are prohibited from fining owners for brown grass during an official watering restriction period and for 60 days after it ends.
  • Documentation Must Be Accessible: HOAs must have a written fine policy and, if they maintain a website, must post their governing documents (dedicatory instruments) online.

Why This Matters For DFW Landlords

Tenant slip-ups often spark HOA notices, but the charges land on the owner. Heading into 2026, Texas HOA rules make the process more straightforward. You must receive written notice, have a fair chance to fix the problem, and have the option to request a hearing. 

Associations can hold meetings and conduct online votes. Resale certificate fees are capped in sales. HOAs may request only basic tenant information, such as name, contact details, and lease dates.

Learn these steps and act quickly when a notice arrives so minor issues do not become costly surprises.

HOA Playbook For Landlords

Notice and hearing before fines
Your HOA must send you a written notice by certified or verified mail before it fines you or limits your rights. The notice has to give you a reasonable chance to fix the issue. You have 30 days to ask for a hearing with the board.

Written fine policy with a fine schedule
Any HOA that issues fines must keep a written enforcement policy. It should list the types of violations and the exact penalties for each. The HOA must give this to owners or make it available online for members.

Limits on tenant screening by HOAs
An HOA cannot demand a tenant application, background check, or credit report. It can only ask for the tenant’s name, contact details, and lease dates. Owners can enforce these rules in the justice court if needed.

Electronic owner meetings and electronic ballots
Owner meetings can be held by phone or online when legal procedures are followed. HOAs may use electronic ballots so owners can vote without being present. These options are in effect for 2026 only.

Political gatherings in common areas
HOAs cannot block owners or residents from inviting qualified candidates or public officials to meet in common areas. Usual room rules, such as deposits, hours, and occupancy, still apply.

No fines for brown lawns during watering restrictions
When a city or utility imposes watering limits, an HOA cannot fine you for brown or stressed grass. This protection continues for 60 days after restrictions end.

Posting dedicatory instruments online when a site exists
Suppose the HOA or its manager maintains a publicly accessible website. In that case, the association must post its current dedicatory instruments recorded in the county deed records so members can easily find them.

Management certificates and statewide e-filing
Every HOA must record a management certificate in each county where the subdivision sits and then e-file the certificate with the state soon after county recordation. Keep yours current, including the correct website address if documents are posted online.

Resale certificate fee caps for sales
For home sales, resale certificate fees are capped by statute. The cap is 375 dollars for the certificate and 75 dollars for an update. These caps do not apply to leasing, move-in, or tenant transfer fees.

Owner access to association records
Owners have the right to inspect and copy HOA books and records, subject to limited exceptions and reasonable procedures.

Rules That Still Apply

No statutory cap on leasing or move-in fees
Texas law caps resale certificate fees tied to sales. It does not set a dollar cap for HOA leasing, move-in, or tenant transfer fees.

No dual notice to tenants required by statute
The statutory notice obligation runs to the owner of record. Send your own lease notice to the tenant so the cure happens on time.

No automatic 30-day cure period
The law requires a reasonable time to cure and gives the owner 30 days to request a hearing. It does not create a fixed 30-day cure across all violations.

Rental bans require a declaration amendment
Boards cannot ban leasing by board rule alone. A recorded declaration amendment with the required owner vote is needed. Short-term rental issues also depend on the language of the record and case law.

2026 Compliance Checklist For Landlords And Property Managers

  1. Confirm your owner mailing address and designated email with each HOA.
  2. Save each HOA’s dedicatory instruments and current fine policy in one folder.
  3. Add a lease addendum that makes tenants financially responsible for violations they cause and for the cost to cure.
  4. When a violation arrives, calendar the cure deadline and the 30-day hearing request deadline.
  5. Cure fast and send dated photos or vendor invoices as proof. Ask for written closure.
  6. If a charge does not match the written fine schedule, or if the required notice disputes it in writing and requests a hearing.
  7. Provide HOAs only with the tenant’s name, contact information, and lease dates. Decline any request for applications or credit reports.
  8. During watering restrictions, pause landscaping fines and owner notices that would conflict with the restriction period.
  9. Audit management certificates for each HOA to confirm county recording and state e-filing details are current.
  10. Plan for electronic meetings and electronic ballots in your annual meeting calendar.

2026 Watch List For HOA Landlords

No regular legislative session in 2026
Texas holds regular sessions in odd-numbered years. There is no scheduled regular session in 2026. A special session could be called, but none is guaranteed.

Agency guidance and forms
Watch state guidance and portals for management certificate e-filings and any updates to online posting practices.

Local drought and code enforcement
Expect periodic watering restrictions in North Texas. Align HOA landscaping expectations with city or utility stages to prevent unlawful fines.

Leasing language and short-term rentals
Monitor recorded amendments in your subdivisions. When declarations are being updated, track ballot timelines and thresholds to advise owners before changes take effect.

FAQ

Can the HOA require a tenant application or run a tenant credit check?
No. Provide only name, contact info, and lease term.

Can the HOA hold the owner responsible for a tenant’s violation?
Yes, after proper notice and cure steps. Use a lease addendum to shift costs to the tenant when the tenant caused the issue.

Where do I find the rules?
Check the HOA’s owner portal or public site for dedicatory instruments and fine policy. If not posted, request them in writing.

What is the best way to avoid surprises?
Keep contact info current, store each HOA’s documents, and react to notices the day they arrive. For portfolios, assign one person to track cure windows and hearing requests.

Lock In Compliance. Unlock Cash Flow

Texas HOA rules are now predictable. You get written notice, time to cure, and a right to a hearing. HOAs can ask only for the tenant's name, contact information, and lease dates. Meetings and votes can be online. Resale certificate fees are capped for sales. Brown lawn fines pause during watering limits and for 60 days after. 

Fine schedules and records must be accessible. Keep addresses current. Store each HOA policy. Respond the day a notice arrives. Use a tenant addendum to shift costs: audit management certificates and e-filing.

Red Team Real Estate turns this checklist into muscle memory. We build notice-to-cure workflows, track deadlines, audit ledgers, and enforce your rights without drama. Book a meeting today and protect every door you own! 

Additional Resources 

Texas SB 38: 2026 Eviction & Squatter Rules DFW Landlords Must Know

Dallas Landlord Guide to Security Deposits: Legal Limits, Deductions, and Refund Deadlines

back