Texas HOAs are impacted by laws passed in 2025, effective September 1, 2025. These laws cover areas like solar panels, political gatherings, and lawn watering.
Table of contents
What is a Texas HOA?
An HOA is a homeowners association. Texas law does limit HOA restrictions, but most regulations are at the POA’s discretion. This includes things like parking and mailbox color.
Political Activity in HOAs
HOAs and politics intersect regarding political signs and canvassing. Many HOAs have rules regarding political signs.
HOA Control
HOA control is a growing issue in Texas.
Texas HOAs are impacted by laws passed in 2025, effective September 1, 2025. These laws cover areas like solar panels, political gatherings, and lawn watering.
An HOA is a homeowners association. Texas law does limit HOA restrictions, but most regulations are at the POA’s discretion. This includes things like parking and mailbox color.
HOAs and politics intersect regarding political signs and canvassing. Many HOAs have rules regarding political signs.
HOA control is a growing issue in Texas.
Are HOAs Considered Political Subdivisions in Texas?
This is a crucial question for understanding the extent of an HOA’s authority. The answer, generally, is no, HOAs are not considered political subdivisions of the State of Texas.
Political subdivisions are governmental entities like cities, counties, school districts, and special purpose districts. They derive their power from the state constitution or statutes and are accountable to the public through elections and other governmental processes.
HOAs, on the other hand, are private entities created through restrictive covenants attached to property deeds within a specific community. Their power stems from these covenants and the contracts homeowners enter into when they purchase property within the HOA’s jurisdiction.
Key Differences:
- Source of Authority: Political subdivisions derive power from the state; HOAs derive power from private contracts (restrictive covenants).
- Accountability: Political subdivisions are accountable to the public through elections and open meetings; HOAs are accountable to their members as defined by their governing documents.
- Taxing Power: Political subdivisions have the power to levy taxes; HOAs collect assessments from their members.
- Eminent Domain: Political subdivisions may have the power of eminent domain (the right to take private property for public use with just compensation); HOAs do not.
Implications of Not Being a Political Subdivision:
- HOAs are not subject to the same open government laws as political subdivisions (e.g., open meetings and public information acts).
- HOAs do not have the same legal protections as political subdivisions.
- HOAs are generally subject to the same laws that apply to other private entities, such as contract law and property law.
However, there are some exceptions and gray areas:
- Some Texas statutes grant HOAs certain limited powers that resemble those of political subdivisions, such as the power to enforce restrictive covenants and collect assessments.
- In some cases, HOAs may be treated as quasi-governmental entities for certain purposes, such as when they provide essential services to a community.
- Ongoing legal and legislative debates continue to shape the relationship between HOAs and the state government.
