Texas HOA Special Assessment Rules (2026)
Tex. Prop. Code § 204.004 (Texas Property Owners' Associations Act) · Last reviewed 2026
A special assessment is a one-time charge levied by an HOA board to cover an unexpected or deferred expense not covered by the operating budget or reserve fund. Below are the key rules that govern how Texas HOAs may levy special assessments and what rights homeowners have.
Key facts at a glance
Can levy without member vote
Board may levy special assessments as authorized by the declaration; no statewide cap. Texas restricts the authority of property owners' associations to assess fees not authorized by the declaration.
Not required by statute
Trigger: Only if required by the community's declaration or bylaws
10 days
Advance written notice to members before assessment levy
Available
Board may levy emergency assessments for imminent threats to common property or safety without standard notice.
- Board may levy only assessments authorized by the declaration
- No statewide dollar cap — declaration controls
- 10-day advance notice to members is standard
- Emergency assessments may bypass standard notice
- Texas Chapter 209 requires resale certificates disclosing all pending assessments
Texas HOA members may use the Texas Office of the Attorney General for consumer protection complaints. The Texas Residential Property Owners Protection Act (Chapter 209) provides additional homeowner rights.
Pending special assessments should be disclosed in resale packages. Texas Chapter 209 requires resale certificates to list all assessments owed.
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Start 14-Day Free TrialThis page provides general legal information only — not legal advice. HOA special assessment laws vary by community type (planned community, condominium, cooperative, etc.) and are subject to change. The information on this page is based on statutes in effect as of 2026 and may not reflect recent legislative changes. Always consult a licensed HOA attorney and review your governing documents before taking action.