Texas Law · Meetings & Governance · Public Resource

Texas Community Association Meeting Compliance

Complete operational reference for Texas HOA / POA and condominium meeting compliance — board meetings, annual meetings, elections, notice timing, executive session, quorum, and the statutory framework under Tex. Prop. Code Ch. 209, Ch. 82, and TBOC Ch. 22. Includes 8 free templates.

Texas HOATexas CondominiumCh. 209Ch. 82TBOC Ch. 22Free Templates
In Brief

Texas community associations operate under three overlapping legal frameworks, each with distinct meeting rules: single-family HOAs under Tex. Prop. Code Chapter 209; condominiums under Chapter 82 (TUCA, for declarations recorded on or after January 1, 1994) and Chapter 81 (for pre-1994 condominiums); and all associations organized as Texas nonprofit corporations under TBOC Chapter 22. Getting any of them wrong can invalidate a meeting, an election, or a board action.

In one paragraph. For HOAs (Chapter 209): regular board meeting notice is 144 hours before; special board meeting notice is 72 hours before; annual member meeting election notice is 10–60 days before. For condominiums (Chapter 82): meeting notice is as bylaws provide, with TBOC Chapter 22 fallback when bylaws are silent. For all associations organized as nonprofit corporations: TBOC § 22.156 requires member meeting notice 10–60 days before. Bylaws and governing documents control any time they impose a stricter standard.

Statutory Framework

The Three Legal Frameworks

Most Texas associations operate under two of these simultaneously. When two frameworks apply, the stricter of the two applies, and any tighter requirement in the governing documents overrides both.

Texas Property Code Chapter 209

§ 209.0051

Applies to: Single-family HOAs / POAs

Board meeting notice: 144 hours (regular) / 72 hours (special)

Texas Property Code Chapter 82 (TUCA)

§ 82.108

Applies to: Condominiums — declarations recorded on or after Jan 1, 1994

Board meeting notice: As bylaws provide; TBOC Ch. 22 fallback if bylaws silent

Texas Property Code Chapter 81

§ 82.002(c)

Applies to: Condominiums recorded before Jan 1, 1994

Board meeting notice: As bylaws provide (Ch. 82.108 applies via § 82.002(c))

TBOC Chapter 22

§§ 22.156 / 22.159 / 22.160

Applies to: Any association organized as a Texas nonprofit corporation

Board meeting notice: 10–60 days (member meetings)

Regular Board Meetings

Regular Board Meetings

§ 209.0051HOA / POA — Chapter 209

A regular board meeting must be noticed not less than 144 hours(six days) before the start of the meeting. Notice must be posted on common property or the association's website, and emailed to each owner with a registered email address. The notice must state the date, hour, place, and general subject of the meeting.

Board meetings under § 209.0051 must be open to members, with the right of the board to adjourn into closed executive session to consider personnel matters, pending litigation, contract negotiations, enforcement actions, matters involving the privacy of individual owners, or matters required to be confidential.

§ 82.108Condominium — Chapter 82

Condominium association meetings must be open to unit owners, subject to the same executive session rights as HOA boards. Notice is given as provided by the bylaws. If the bylaws do not provide for notice, the TBOC Chapter 22 framework applies.

Note: Some operational references suggest that condominium regular board meetings require 144-hour notice as a statutory matter, mirroring the Chapter 209 HOA rule. The current text of § 82.108 does not contain that specific timing requirement. Condominium board notice timing is bylaws-controlled. Adopting a 144-hour standard as a matter of bylaws and policy is sound practice — but it is not a statutory minimum. Confirm with qualified counsel.
Special Board Meetings

Special Board Meetings

§ 209.0051HOA / POA — Chapter 209

A special board meeting requires not less than 72 hours of notice. The same posting and email requirements as regular meetings apply. The notice for a special meeting should state the specific subject of the meeting. Business conducted at a special meeting must stay within the noticed subjects.

§ 82.108Condominium — Chapter 82

§ 82.108 does not impose a separate notice period for special condominium board meetings. Notice is as bylaws provide, with TBOC fallback when bylaws are silent. Scope special meetings to the stated issue — business beyond the noticed purpose creates governance risk.

Annual Meetings & Elections

Annual Member Meetings and Elections

§ 209.0056HOA / POA — Chapter 209

Written notice must go to each owner not later than the 10th day or earlier than the 60th day before the date of the election or vote.

For HOAs with more than 100 lots, § 209.00593 imposes a candidate solicitation requirement before ballots are disseminated.

§ 209.00592 required absentee ballot disclosure: “By casting your vote via absentee ballot, you will forgo the opportunity to consider and vote on any action from the floor on these proposals...”

§ 82.108Condominium — Chapter 82

Condominium associations must hold meetings of the association at least once each year. Special meetings may be called by the president, a majority of the board, or unit owners holding at least 20 percent of the votes. Member meeting notice is as bylaws provide, with the TBOC § 22.156 fallback (10–60 days).

Executive Session

Executive Session

Under both Chapter 209 (§ 209.0051) and Chapter 82 (§ 82.108), the board may adjourn into executive session to consider:

Personnel matters

Pending or anticipated litigation

Contract negotiations

Enforcement actions

Invasion of privacy of individual owners

Matters required confidential by affected parties

Operational discipline: Executive session is not a workaround for inconvenient transparency. It is a narrow authority for matters that would harm the association or its members if discussed publicly. Maintain executive session minutes separately from open-session minutes — a separate document, a separate file, a restricted access list.

Common Mistakes

Seven Mistakes That Produce Challenges

Wrong notice period

Posting a regular board meeting notice 72 hours before instead of 144 hours — or mailing an annual meeting notice 9 days before instead of 10. The cure is a written notice calendar tied to each meeting's statutory minimum.

Conducting business outside the noticed subject

Taking binding action on items added at the meeting itself that were not in the posted notice. A board can discuss unscheduled topics within the noticed subject; it should not vote on matters beyond it.

Failing to retain the posting record

The website log got overwritten; the email blast went out but the audit trail is gone. The posting log is the compliance evidence when a meeting is challenged.

Treating executive session as routine

Using executive session for budget review, vendor selection, or owner communications. Routine business belongs in open session. Executive session is for the narrow set of matters listed in § 209.0051 and § 82.108.

Missing the § 209.00593 candidate solicitation step

An HOA with more than 100 lots that mails ballots without first issuing a candidate solicitation creates a challengeable ballot. The solicitation must precede the ballot.

Missing the § 209.00592 absentee ballot disclosure

Absentee ballots without the statutory disclosure language create individually invalidatable ballots and, in a contested election, potentially invalidate the entire vote.

Mixing open-session and executive-session minutes

Substantive executive session content captured in open-session minutes defeats the purpose of executive session and creates discoverable records the board did not intend to create.

Frequently Asked Questions

FAQs

What is the notice period for a Texas HOA regular board meeting?

144 hours under Tex. Prop. Code § 209.0051. Posted on common property or the Association's website, and emailed to owners with registered email addresses.

What is the notice period for a Texas HOA special board meeting?

72 hours under § 209.0051. Same posting and email requirements. The notice must state the specific subject of the meeting.

What is the notice period for a Texas condominium board meeting?

As the bylaws provide under § 82.108. If the bylaws are silent, the TBOC nonprofit corporation framework applies. Many condominium bylaws specify a fixed period — confirm with your documents.

What is the notice period for the annual member meeting / election?

10 to 60 days for HOAs under § 209.0056. 10 to 60 days for nonprofit corporations (including most Texas associations) under TBOC § 22.156. For condominiums, as bylaws provide, with TBOC fallback.

Does the Texas Open Meetings Act apply to community associations?

No. The Texas Open Meetings Act (Government Code Ch. 551) applies to governmental bodies, not private community associations. Community associations are governed by the Property Code and TBOC.

Can we hold board meetings electronically?

Yes, as long as the governing documents permit, the technology allows all directors to participate simultaneously, and proper notice is given. Document the technology platform in the meeting minutes.

What if quorum fails at the annual meeting?

Adjourn and reschedule. The bylaws may permit a reduced quorum at the rescheduled meeting. Do not conduct elections or other member business without a quorum.

What is the difference between Chapter 209 and Chapter 82?

Chapter 209 governs single-family HOAs / POAs. Chapter 82 governs condominium associations created on or after January 1, 1994. They have different meeting, voting, records, and enforcement frameworks and should not be cross-applied.

This resource is provided by the Common Interest Community Standards Council (CIC-SC) for general educational and informational purposes only. Community association laws and requirements vary by state and may change over time. This material is not legal, financial, insurance, reserve, or professional management advice and should not be relied upon as a substitute for consulting qualified professionals familiar with your specific circumstances and jurisdiction. While CIC-SC strives for accuracy and relevance, no guarantee is made regarding completeness, accuracy, or compliance with applicable laws. Governing documents control any time they impose a stricter standard than statute.

Quick Reference

Texas Notice at a Glance

§ 209.0051

HOA Regular Board Meeting

144 hours

§ 209.0051

HOA Special Board Meeting

72 hours

§ 209.0056 / TBOC § 22.156

HOA / Condo Annual Meeting

10–60 days

§ 82.108

Condo Board Meeting

Per bylaws

>100 lots

§ 209.00593 Candidate Solicitation

Before ballot

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