Texas HOA Records: Rights Under Sec 209.005

Last Updated: January 24, 2026By

1. What the Law Says (Verbatim)

“A property owners’ association shall record in each county in which any portion of the residential subdivision is located a management certificate… stating… the name, mailing address, telephone number, and e-mail address of the person managing the association.” [1]

“Not later than the seventh day after the date a property owners’ association files a management certificate… the property owners’ association shall electronically file the management certificate… with the Texas Real Estate Commission.” [2]

“An owner is not liable for attorney’s fees incurred by a property owners’ association relating to the collection of a delinquent assessment against the owner or interest on the amount of a delinquent assessment if the attorney’s fees are incurred by the association or the interest accrues during the period a management certificate is not recorded with a county clerk or electronically filed with the Texas Real Estate Commission.” [3]

2. What It Is Supposed to Protect

This statute was designed to kill the “Ghost HOA.” We intended to ensure that an Association cannot operate in the shadows, demanding money while remaining unreachable. By mandating a public filing with both the County and the Texas Real Estate Commission (TREC), the law ensures transparency. If the HOA hides, it forfeits its right to profit from your delinquency through interest or legal fees.

3. The Usual Way HOAs Violate It

  • The “Old Data” Trap: The HOA fires their management company and hires a new one but fails to record an amended management certificate within the mandated 30-day window [4].
  • The “County Only” Error: Many older boards file the paper document with the County Clerk but ignore the requirement to electronically file with TREC [2].
  • The “Hidden Fee” Hustle: They charge you attorney’s fees for a collection letter sent during a period when their certificate was expired or missing, hoping you won’t check the records [3].

4. How to Respond

If you receive a demand letter including “attorney’s fees” or “interest”:

  1. Search the County Records: Go to your County Clerk’s website and search “Property Owners’ Association Management Certificate” under your HOA’s name. Check the date.
  2. Search the State Database: Visit the Texas Real Estate Commission (TREC) website. If they aren’t there, they are in violation [2].
  3. Send the “Section 209.004(e) Demand”: Send a certified letter stating: “Under Texas Property Code Section 209.004(e), I am statutorily immune from paying attorney’s fees or interest because the Association failed to properly record/file its management certificate. Please remove these charges immediately.”

5. The Evidence Checklist

  • ✅ Screenshot of County Clerk Search Results: Proving the date of the last recording.
  • ✅ Screenshot of TREC “No Results Found”: Proving the failure to file electronically.
  • ✅ Copy of the Demand Letter: Showing attorney’s fees charged during the “gap” period.

Legal Disclaimer: I am not an attorney. The information provided in this post is for educational and informational purposes only and does not constitute legal advice. Laws and statutes are subject to change and interpretation. If you have a specific legal question or are facing a legal dispute, you should consult with a qualified attorney licensed in Texas.

know the law

you might also be interested in