Texas Codes

Tex. Prop. Code § 209.003 (2026)

Applicability Of Chapter

✓ current as of May 2026

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Sec. 209.003. APPLICABILITY OF CHAPTER. (a) This chapter applies only to a residential subdivision that is subject to restrictions or provisions in a declaration that authorize the property owners' association to collect regular or special assessments on all or a majority of the property in the subdivision.

(b) Except as otherwise provided by this chapter, this chapter applies only to a property owners' association that requires mandatory membership in the association for all or a majority of the owners of residential property within the subdivision subject to the association's dedicatory instruments.

(c) This chapter applies to a residential property owners' association regardless of whether the entity is designated as a "homeowners' association," "community association," or similar designation in the restrictions or dedicatory instrument.

(d) This chapter does not apply to a condominium as defined by Section 81.002 or 82.003.

(e) The following provisions of this chapter do not apply to a property owners' association that is a mixed-use master association that existed before January 1, 1974, and that does not have the authority under a dedicatory instrument or other governing document to impose fines:

(1) Section 209.005(c);

(2) Section 209.0056;

(3) Section 209.0057;

(4) Section 209.0058;

(5) Section 209.00592; and

(6) Section 209.0062.

Added by Acts 2001, 77th Leg., ch. 926, Sec. 1, eff. Jan. 1, 2002.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1367 (H.B. 3674), Sec. 7, eff. September 1, 2007.

Acts 2011, 82nd Leg., R.S., Ch. 1026 (H.B. 2761), Sec. 1, eff. January 1, 2012.

Acts 2011, 82nd Leg., R.S., Ch. 1142 (H.B. 1821), Sec. 6, eff. January 1, 2012.

Acts 2011, 82nd Leg., R.S., Ch. 1217 (S.B. 472), Sec. 1, eff. September 1, 2011.

Acts 2011, 82nd Leg., R.S., Ch. 1282 (H.B. 1228), Sec. 1, eff. January 1, 2012.

Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 17.002(a), eff. September 1, 2013.

Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 17.002(b), eff. September 1, 2013.

Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 5, eff. September 1, 2015.

Notes of Decisions

Cited in 8 cases (2 in the last 5 years), 2011–2023 · leading case: W. Hills Harbor Owners Ass'n v. Baker, 516 S.W.3d 215 (Tex. App. 2017).

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W. Hills Harbor Owners Ass'n v. Baker, 516 S.W.3d 215 (Tex. App. 2017). “See Tex. Prop. Code Ann. § 209.003 (a) (West Supp.”

Christina Bob v. Cypresswood Cmty. Ass'n (Tex. App. 2015). · cites it 3× “See TEX. PROP. CODE ANN. § 209.003(a) (West 2013).”

Griffin Parc Residential Ass'n, Inc. v. John C. King (Tex. App. 2019). “, Tex. Prop. Code Ann. § 209.003 (applicability of Texas Residential Property Owners’ Protection Act), § 209.”

Linda Silverman v. Clairemont H.A., Inc. (Tex. App. 2019). “See Tex. Prop. Code Ann. § 209.003 (a)–(b). 3 To the extent Silverman attempts to brief her notification issues as jurisdictional ones, we disagree.”

in Re Kingman Holdings, LLC, as Tr. (Tex. App. 2021). “See TEX. PROP. CODE ANN. § 209.003(d) (stating that the Act does not apply to a condominium as defined by other provisions of the property code); id.”

Rockwall Ranch Prop. Owners Ass'n v. Joseph Gonzales, Daniel Estrada, & Jerry Werlla (Tex. App. 2023). “See Tex. Prop. Code § 209.003 (stating that chapter applies when subdivision’s lot owners are mandatory members of property owners’ association).”

Gary S. Bagelman v. Barbara L. Peach (Tex. App. 2011). “Tex. Prop. Code Ann. § 209.003 (d) (West Supp.”

Gary S. Bagelman v. Barbara L. Peach (Tex. App. 2011). “Both acts create a right of redemption on the part of an owner in the event that an owners' association forecloses on a lien for nonpayment of assessments, but the right created by chapter 82 is narrower than that created by chapter 209.”

— Tex. Prop. Code § 209.003(a) — 1 case

Christina Bob v. Cypresswood Cmty. Ass'n (Tex. App. 2015). “See TEX. PROP. CODE ANN. § 209.003(a) (West 2013).”

— Tex. Prop. Code § 209.003(b) — 1 case

Christina Bob v. Cypresswood Cmty. Ass'n (Tex. App. 2015). “See TEX. PROP. CODE ANN. § 209.003(a) (West 2013).”

— Tex. Prop. Code § 209.003(d) — 1 case

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