What HOA Documents Should I Review Before Buying a House in Texas?
Quick answer: If a Texas property requires membership in a property owners association, buyers should understand the subdivision restrictions, bylaws, rules, assessments, fees, and resale-certificate information before closing. These documents can reveal financial obligations and restrictions that may materially affect how you can use the property.
You found the house.
The kitchen works. The yard is big enough. The commute makes sense.
Then somebody hands you a stack of HOA documents that looks like it could stop a door.
Don't ignore them.
When you're purchasing property subject to mandatory membership in a Texas property owners association, you're not simply buying the house.
You're also buying into a set of rules and financial obligations that may affect what you can do after closing.
What Is HOA “Subdivision Information” in Texas?
The Texas Real Estate Commission provides a form called Subdivision Information, Including Resale Certificate for Property Subject to Mandatory Membership in a Property Owners' Association.
TREC says this form complies with Chapter 207 of the Texas Property Code and provides information concerning items including assessments, judgments, rights of first refusal, and other association information.
TREC also promulgates the Addendum for Property Subject to Mandatory Membership in a Property Owners Association, and the current version was adopted in 2026.
What Should I Look for in HOA Documents?
Don't just ask, “How much are the dues?”
Review the bigger picture.
| Item | Question to Ask |
|---|---|
| Regular assessments | How much will I owe and how often? |
| Special assessments | Is there an additional assessment now or potentially pending? |
| Restrictions | What can I do with the property? |
| Architectural rules | Do exterior changes require approval? |
| Parking | Are RVs, boats, trailers, or work vehicles restricted? |
| Leasing | Are short- or long-term rentals restricted? |
| Animals | Are there restrictions affecting pets or livestock? |
| Improvements | Can I build the shop, fence, pool, or structure I want? |
| Association issues | Are there judgments or other matters disclosed? |
| Transfer/resale fees | What association-related charges apply? |
Not every association has all of these restrictions.
That's precisely why you read the documents.
Why Does This Matter More in Some North Texas Communities?
Because buyers throughout Johnson, Tarrant, Hood, and Parker Counties aren't all shopping for the same lifestyle.
One buyer wants a suburban home in Burleson.
Another wants a gated community in Godley.
Someone moving to Granbury may specifically want a community with substantial amenities.
Another buyer wants enough room to park a boat or RV.
And someone outside Cleburne may be looking for a home where they can eventually add a workshop.
A restriction that is completely irrelevant to one buyer can be a deal-breaker for another.
Can an HOA Tell Me I Can't Park My RV or Boat at Home?
Depending on the applicable restrictions, there may be rules concerning vehicle, trailer, RV, or boat parking and storage.
Don't wait until after closing to discover them.
If you're specifically purchasing a property because the driveway looks perfect for your boat, one of the questions we should investigate is whether the applicable restrictions permit what you intend to do.
What If I Want to Build a Shop?
This comes up frequently in our market.
A buyer sees a half-acre or one-acre lot and thinks:
“Perfect. I'll put a 30x40 shop back there next year.”
Maybe.
But physical space doesn't automatically mean permission.
Potential considerations can include:
- deed restrictions;
- HOA architectural requirements;
- easements;
- setbacks;
- city or county requirements;
- utility locations;
- septic-system location;
- drainage considerations; and
- other applicable restrictions.
This connects directly to another important due-diligence document: the survey.
A survey helps you understand where boundaries, easements, and improvements are depicted; HOA and deed restrictions help you understand some of the rules governing the property.
You want to understand both.
What About Short-Term Rentals?
If the ability to use a property as a short-term rental matters to your purchase decision, investigate that issue before closing.
Association restrictions, deed restrictions, municipal regulations, and other applicable rules may affect rental use.
Don't buy based on what the neighbor is doing.
And don't assume that because you saw another short-term rental in the subdivision, your proposed use is automatically allowed.
Verify it.
Can HOA Fees Change?
Potentially.
Buyers should understand current assessments and review association documents for the applicable rules governing assessments and association finances.
The resale-certificate process exists in part to provide buyers with meaningful information concerning the association and property.
This is another reason the monthly or annual dues amount alone doesn't tell the whole story.
Do HOA Documents Matter on New Construction?
Yes.
A brand-new home doesn't mean the community has no restrictions.
In fact, many North Texas new-construction communities have mandatory associations and architectural restrictions.
For example, buyers comparing new construction in Godley shouldn't focus solely on floor plan, builder incentives, and purchase price.
Community rules, assessments, future improvements, and lifestyle fit also belong in the decision.
Texan Heritage Realty Group currently markets new-construction opportunities in Wildcat Ridge in Godley, a gated community where understanding the community itself is part of evaluating whether a home is the right fit.
When Should I Review the HOA Documents?
As early as the transaction and applicable contract allow.
The current TREC POA addendum contains provisions addressing delivery of subdivision information and the parties' obligations. TREC's 2026 revisions also clarified portions of that addendum.
Specific deadlines and termination rights depend on the contract and circumstances, so buyers should review the actual documents governing their transaction rather than relying on a generic online timeline.
What Are the Biggest HOA Mistakes Buyers Make?
The most common problems are usually simple:
- Looking only at the amount of the dues.
- Never reading the restrictions.
- Assuming the current use of a neighboring property proves something is permitted.
- Planning a shop, pool, fence, or other improvement before reviewing restrictions.
- Assuming an RV or boat can be parked wherever it fits.
- Ignoring rental restrictions.
- Waiting until closing week to ask questions.
The time to find a deal-breaker is before you own the property.
Buying in an HOA Community in North Texas?
A home can be beautiful and still be wrong for the way you intend to live.
Texan Heritage Realty Group helps buyers look beyond bedrooms, bathrooms, and countertops and understand the documents and due-diligence issues that accompany the property.
Explore the Texan Heritage Realty Group home-buying process
Frequently Asked Questions
What is an HOA resale certificate in Texas?
It is association information concerning the property and POA. TREC's voluntary Form 37-5 includes information such as assessments, judgments, rights of first refusal, and other association matters and is designed to comply with Chapter 207 of the Texas Property Code.
Does every Texas house have an HOA?
No. Mandatory property owners associations apply only to certain properties and communities.
Should I read the deed restrictions even if I don't care about the HOA amenities?
Yes. Amenities and restrictions are different issues. Your concern should be whether the rules affect your intended use of the property.
Can an HOA stop me from building a fence or shop?
Applicable restrictions and architectural requirements may limit or regulate improvements. Review the actual governing documents and obtain appropriate approvals before relying on a future improvement plan.
Are HOA dues included in my mortgage payment?
Not necessarily. Buyers should determine how assessments are billed and budget for them separately when appropriate.
Can I terminate if I don't like the HOA documents?
Texas contracts can provide rights relating to subdivision information, but the answer depends on the specific contract, addendum, delivery circumstances, and deadlines. Review your actual transaction documents with your agent and seek legal advice when needed.
Is an HOA the same as deed restrictions?
Not exactly. Deed restrictions can exist independently of an active mandatory POA. Buyers should investigate both the restrictions affecting the property and any association obligations.
Buy the Community as Carefully as You Buy the House
The perfect house isn't perfect if the rules prevent you from using it the way you intended.
Whether you're buying in Burleson, Godley, Granbury, Cleburne, Fort Worth, or another North Texas community, Texan Heritage Realty Group can help you identify the questions that need answers before closing.
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About Jason Cech
Jason Cech is a Broker Associate with Fathom Realty and team leader of Texan Heritage Realty Group. Jason has approximately a decade of real estate experience and more than 550 personal closings. He and the team help buyers throughout Johnson County and surrounding North Texas communities evaluate residential, new-construction, acreage, and community-specific considerations before purchasing.
Integrity. Tradition. Excellence.
Texan Heritage Realty Group is affiliated with Fathom Realty. This article is provided for general educational purposes and is not legal, HOA, title, lending, surveying, tax, or financial advice. Association documents, deed restrictions, contracts, and individual properties vary. Buyers should review the documents applicable to their property and consult an attorney or other appropriate professional when legal interpretation is required. Equal Housing Opportunity.