During the 87th regular session, the Texas legislature passed SB 1588 which amended Chapter 209 of the Texas Property Code governing certain property owners’ associations (more commonly known as HOAs) to address a number of HOA-related issues, including providing greater transparency in HOA operations and leadership.
HOAs are required to maintain certain information on a “management certificate,” including items like the name and mailing address of the HOA, the name and contact information of the person managing the HOA, and the website address used to access the HOA’s dedicatory instruments. HOAs must record their management certificates (or amended management certificates) with the county clerk in the county of record where the HOA is located.
To make this information easier to access for the public, SB 1588 requires HOAs to also electronically file these certificates (and amendments) with the Texas Real Estate Commission (TREC) and requires TREC to develop a website by December 1 to provide the public access to these certificates.
TREC has created a website specifically dedicated to HOA management certificates, which is available at hoa.texas.gov. This website provides both a means for HOAs to upload their management certificates to a central database and a means by which the public can search for and access the management certificates after they have been uploaded.
Not all HOA management certificates will be available on the website as of December 1, 2021. The deadlines by which an HOA must file its management certificate or amended management certificate with TREC depends on when an HOA filed its certificate with the county clerk in the county of record where the HOA is located:
- HOAs that filed a management certificate or amended management certificate with the county clerk after December 1, 2021 has seven (7) days to file with TREC.
- HOAs that filed a management certificate or amended management certificate with the county clerk on or before December 1, 2021 have until June 1, 2022 to file with TREC.
While TREC is responsible for maintaining this centralized database and website, TREC does not have regulatory authority over HOAs. This means that TREC does not license or register HOAs and TREC does not have enforcement jurisdiction over HOAs.
Source: Texas Real Estate Commission