Tex. Prop. Code § 215.005 · Chapter 215. MASTER MIXED-USE PROPERTY OWNERS' ASSOCIATIONS
BOARD POWERS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
In addition to any other powers provided by applicable law and this chapter, and unless otherwise provided by the dedicatory instruments of the property owners' association, the association, acting through its board of directors, may:
(1) adopt and amend bylaws;
(2) adopt and amend budgets for revenues, expenditures, and reserves and collect assessments for common expenses from property owners;
(3) adopt reasonable rules;
(4) hire and terminate managing agents and other agents, employees, and independent contractors;
(5) institute, defend, intervene in, settle, or compromise litigation or administrative proceedings on matters affecting a property governed by the association;
(6) make contracts and incur liabilities relating to the operation of the association;
(7) regulate the use, maintenance, repair, replacement, modification, and appearance of the property governed by the association;
(8) make improvements to be included as a part of the common area;
(9) acquire, hold, encumber, and convey in its own name any right, title, or interest to real or personal property;
(10) purchase an investment property that is not part of the common area;
(11) grant easements, leases, licenses, and concessions through or over the common elements;
(12) impose and receive payments, fees, or charges for the use, rental, or operation of the common area and for services provided to property owners;
(13) impose interest, late charges, and, if applicable, returned check charges for late payments of regular assessments or special assessments;
(14) charge costs to an owner's assessment account and collect the costs in any manner provided in the restrictions for the collection of assessments;
(15) adopt and amend rules regulating the collection of delinquent assessments;
(16) impose reasonable charges for preparing, recording, or copying amendments to resale certificates or statements of unpaid assessments;
(17) purchase insurance and fidelity bonds, including directors' and officers' liability insurance, that the board considers appropriate or necessary;
(18) subject to the requirements of the provisions described by Section 1.008(d), Business Organizations Code, and by majority vote of the board, indemnify a director or officer of the association who was, is, or may be made a named defendant or respondent in a proceeding because the person is or was a director or officer;
(19) if the restrictions vest the architectural control authority in the association:
(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 development change;
(20) exercise self-help with regard to property governed by the association;
(21) exercise other powers conferred by the dedicatory instruments;
(22) exercise other powers necessary and proper for the governance and operation of the association; and
(23) exercise any other powers that may be exercised in this state by a corporation of the same type as the association.
Notes and commentary — not statutory text
History
Added by Acts 2011, 82nd Leg., R.S., Ch. 1167 (H.B. 2869), Sec. 1, eff. September 1, 2011.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/PR/htm/PR.215.htm
- Text hash
- sha256 2cfa1faeeedb43fe25830225fe9e6ebd95ed41ef9b73fd76c7b4a8de53de554e
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Business Organizations Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.