During the 2021 legislative session, Texas REALTORS® is advocating for issues to protect homeowners, including legislation that seeks to bring balance to homeowners associations.  

What’s the Issue?

HOAs exist to enhance neighborhoods and increase property values. However, HOAs are increasingly taking on functions that local governments traditionally provide. The Texas Legislature has addressed HOA issues a number of times over the past 20 years, yet property owners and buyers still voice concerns over actions taken by HOAs. 

HOA Bills in the Legislature

Two REALTOR®-supported bills, House Bill 3367 and Senate Bill 1588, are advancing through the legislative process. These bills would make several pro-homeowner changes:  

  • Limit how much an HOA and/or HOA management company can charge for a resale certificate fee. There is currently no limit.
  • Provide HOA members with an appeal process to resolve disputes with the HOA. There is currently no appeal process required.
  • Increase transparency by requiring HOAs to post their managing documents, meeting notices, agendas, and minutes online for members to access. This is not currently required.
  • Require HOA management certificates to include a phone number, email address, and website. This is not currently required.
  • Create a publicly accessible statewide database of HOA information. No such database currently exists.

Position of Texas REALTORS®

Texas REALTORS® joins Texas homeowners in supporting efforts to reform laws governing HOAs to ensure HOA operations are transparent and resident-friendly. House Bill 3367 and Senate Bill 1588 address several of the most common complaints related to HOAs. This legislation provides an appropriate balance between private property rights and agreed-upon community standards. 

Visit texasrealestate.com/issues to see more of the association’s priorities for the 87th Texas Legislature.  

Legislative Advertising by Texas REALTORS® | 1115 San Jacinto Boulevard, Suite 200 | Austin, TX, 78701 | Travis Kessler, CEO