Texas Codes

Tex. Prop. Code § 204.010 (2026)

Powers Of Property Owners' Association

✓ current as of May 2026

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Sec. 204.010. POWERS OF PROPERTY OWNERS' ASSOCIATION. (a) Unless otherwise provided by the restrictions or the association's articles of incorporation or bylaws, the property owners' association, acting through its board of directors or trustees, may:

(1) adopt and amend bylaws;

(2) adopt and amend budgets for revenues, expenditures, and reserves and collect regular assessments or special assessments for common expenses from property owners;

(3) hire and terminate managing agents and other employees, agents, and independent contractors;

(4) institute, defend, intervene in, settle, or compromise litigation or administrative proceedings on matters affecting the subdivision;

(5) make contracts and incur liabilities relating to the operation of the subdivision and the property owners' association;

(6) regulate the use, maintenance, repair, replacement, modification, and appearance of the subdivision;

(7) make additional improvements to be included as a part of the common area;

(8) grant easements, leases, licenses, and concessions through or over the common area;

(9) impose and receive payments, fees, or charges for the use, rental, or operation of the common area and for services provided to property owners;

(10) impose interest, late charges, and, if applicable, returned check charges for late payments of regular assessments or special assessments;

(11) if notice and an opportunity to be heard are given, collect reimbursement of actual attorney's fees and other reasonable costs incurred by the property owners' association relating to violations of the subdivision's restrictions or the property owners' association's bylaws and rules;

(12) charge costs to an owner's assessment account and collect the costs in any manner provided in the restrictions for the collection of assessments;

(13) adopt and amend rules regulating the collection of delinquent assessments and the application of payments;

(14) impose reasonable charges for preparing, recording, or copying amendments to the restrictions, resale certificates, or statements of unpaid assessments;

(15) purchase insurance and fidelity bonds, including directors' and officers' liability insurance, that the board considers appropriate or necessary;

(16) if the restrictions allow for an annual increase in the maximum regular assessment without a vote of the membership, assess the increase annually or accumulate and assess the increase after a number of years;

(17) subject to the requirements of the Texas Nonprofit Corporation Law, as described by Section 1.008(d), Business Organizations Code, and by majority vote of its board of directors, indemnify a director or officer of the property owners' association who was, is, or may be made a named defendant or respondent in a proceeding because the person is or was a director;

(18) if the restrictions vest the architectural control authority in the property owners' association or if the authority is vested in the property owners' association under Section 204.011:

(A) implement written architectural control guidelines for its own use or record the guidelines in the real property records of the applicable county; and

(B) modify the guidelines as the needs of the subdivision change;

(19) exercise other powers conferred by the restrictions, its articles of incorporation, or its bylaws;

(20) exercise other powers that may be exercised in this state by a corporation of the same type as the property owners' association; and

(21) exercise other powers necessary and proper for the governance and operation of the property owners' association.

(b) Powers enumerated by this section are in addition to any other powers granted to a property owners' association by this chapter or other law.

Added by Acts 1995, 74th Leg., ch. 1040, Sec. 2, eff. Aug. 28, 1995.

Amended by:

Acts 2023, 88th Leg., R.S., Ch. 291 (S.B. 1768), Sec. 12, eff. May 29, 2023.

Notes of Decisions

Cited in 16 cases (4 in the last 5 years), 2000–2026 · leading case: Brooks v. Northglen Ass'n, 141 S.W.3d 158 (Tex. 2004).

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Brooks v. Northglen Ass'n, 141 S.W.3d 158 (Tex. 2004). · cites it 4× “Tex. Prop.Code § 204.010. The property owners counter that the trial court properly interpreted Sections Four and Five as to allowable increases.”

Brooks v. Northglen Ass'n, 76 S.W.3d 162 (Tex. App. 2002). · cites it 14× “The lot owners contend that if the assessments are accumulated under Tex. Prop.Code Ann. § 204.010 (Vernon Supp.”

Truong v. City of Houston, 99 S.W.3d 204 (Tex. App. 2003). “See Tex. PROp.Code Ann. § 204.010 (Vernon Supp.”

Wilchester West Concerned Homeowners LDEF, Inc. v. Wilchester West Fund, Inc., 177 S.W.3d 552 (Tex. App. 2005). “” Tex. PROP. Code Ann. § 204.010 (a)(5) (Vernon Supp.”

Dahl v. Hartman, 14 S.W.3d 434 (Tex. App. 2000). “The Association directed the trial court to Tex. PROP.Code Ann. § 204.010(a)(4) (Vernon Supp.”

Geneva Brooks D/B/A Comm. to Remove the Bd., Dianne Higgins, Pauline White, Aurelio Okada & Anthony McBride v. Northglen Ass'n (Tex. App. 2002). · cites it 8× “The court further held that the board could accumulate the authorized but unassessed increases as allowed by Tex. Prop. Code Ann. § 204.010 (a)(16) (Vernon Supp.”

Carla Jo Keck v. State (Tex. App. 2009). · cites it 8× “The court further held that the board could accumulate the authorized but unassessed increases as allowed by Tex. Prop. Code Ann. § 204.010 (a)(16) (Vernon Supp.”

Jbrice Holdings, L.L.C., & 231 W. Trioaks Lane, an Individual Series of Jbrice Holdings, L.L.C. v. Wilcrest Walk Townhomes Ass'n, Inc. (Tex. 2022). · cites it 3× “] 2020); Tex. Prop. Code § 204.010(a) (“Unless otherwise provided by the restrictions or the association’s articles of incorporation or bylaws, the property owners’ association, acting through its board of directors or trustees, may: .”

Bridgewater Cmty. Ass'n v. Drew Lee Green (Tex. App. 2015). · cites it 4× “Tex. Prop. Code Ann. § 204.010 (a)(6), (a)(18) (West 2014).”

Noah S. Bunker, Paul Carrell, Everett Brew Houston, Jr., W. Andrew Buchholz, Scott J. Leighty, Jad L. Davis, & Holly Clause v. Tracy D. Strandhagen (Tex. App. 2015). · cites it 4× “Tex. Prop.Code § 204.010. The property owners counter that the trial court properly interpreted Sections Four and Five as to allowable increases.”

Susan England v. Janice Kolbe, as Guardian of the Est. of Edna Moon (Tex. App. 2015). · cites it 4× “date of commencement of the first annual assessment, the maximum annual assessment may be increased by the Tex. Prop.Code § 204.010. Board of Directors of the Association, effective the first day of January of each year, in conformance with the rise, if The property owners…”

JBrice Holdings LLC & 231 W. Trioaks Lane, an Individual Series of JBrice Holdings, L.L.C v. Wilcrest Walk Townhomes Ass'n, Inc. (Tex. App. 2020). · cites it 2× “” Tex. Prop. Code § 204.010. Section 204.010 of the Property Code provides an independent source of authority for a property owners’ association to regulate the use of a subdivision.”

Show all 16 citing cases →

— Tex. Prop. Code § 204.010(a) — 2 cases

Jbrice Holdings, L.L.C., & 231 W. Trioaks Lane, an Individual Series of Jbrice Holdings, L.L.C. v. Wilcrest Walk Townhomes Ass'n, Inc. (Tex. 2022). “] 2020); Tex. Prop. Code § 204.010(a) (“Unless otherwise provided by the restrictions or the association’s articles of incorporation or bylaws, the property owners’ association, acting through its board of directors or trustees, may: .”

Susan England v. Janice Kolbe, as Guardian of the Est. of Edna Moon (Tex. App. 2015). “date of commencement of the first annual assessment, the maximum annual assessment may be increased by the Tex. Prop.Code § 204.010. Board of Directors of the Association, effective the first day of January of each year, in conformance with the rise, if The property owners…”

— Tex. Prop. Code § 204.010(a)(10) — 4 cases

Brooks v. Northglen Ass'n, 141 S.W.3d 158 (Tex. 2004). “Tex. Prop.Code § 204.010. The property owners counter that the trial court properly interpreted Sections Four and Five as to allowable increases.”

Brooks v. Northglen Ass'n, 76 S.W.3d 162 (Tex. App. 2002). “The lot owners contend that if the assessments are accumulated under Tex. Prop.Code Ann. § 204.010 (Vernon Supp.”

Jeffrey Wayne Phillips v. Rob Roy Homeowners Ass'n, Inc. (Tex. App. 2023).

Noah S. Bunker, Paul Carrell, Everett Brew Houston, Jr., W. Andrew Buchholz, Scott J. Leighty, Jad L. Davis, & Holly Clause v. Tracy D. Strandhagen (Tex. App. 2015). “Tex. Prop.Code § 204.010. The property owners counter that the trial court properly interpreted Sections Four and Five as to allowable increases.”

— Tex. Prop. Code § 204.010(a)(16) — 1 case

Brooks v. Northglen Ass'n, 76 S.W.3d 162 (Tex. App. 2002). “The lot owners contend that if the assessments are accumulated under Tex. Prop.Code Ann. § 204.010 (Vernon Supp.”

— Tex. Prop. Code § 204.010(a)(4) — 1 case

Dahl v. Hartman, 14 S.W.3d 434 (Tex. App. 2000). “The Association directed the trial court to Tex. PROP.Code Ann. § 204.010(a)(4) (Vernon Supp.”

— Tex. Prop. Code § 204.010(a)(6) — 3 cases

JBrice Holdings LLC & 231 W. Trioaks Lane, an Individual Series of JBrice Holdings, L.L.C v. Wilcrest Walk Townhomes Ass'n, Inc. (Tex. App. 2020). “” Tex. Prop. Code § 204.010. Section 204.010 of the Property Code provides an independent source of authority for a property owners’ association to regulate the use of a subdivision.”

Sandra Flores v. Inverness Forest Residents Civic Club, Inc. (2026).

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