The HOA Resale Certificate

A Texas HOA resale certificate is a document from the property owners' association that tells a buyer what the association charges, what the seller owes, and what problems the association knows about. Under Texas Property Code Section 207.003, the association must deliver it, along with the restrictions, bylaws and rules, no later than the 10th business day after it receives a written request and verifies the requester's authority. The certificate must be prepared no earlier than 60 days before it is delivered (Texas Property Code 207.003). Read it before your option period ends.

Who orders it

The seller, the buyer, their agents, or the title company acting for one of them can request it. In practice, the title company often orders it once the contract is in. The association can require a buyer who requests it directly to show a contract or other right to buy. The fee for the certificate is a closing cost, and who pays it depends on the contract.

What the certificate must show

Section 207.003(b) lists the contents. The items that matter most to a buyer and a lender:

• The frequency and amount of regular assessments, the dues.
• Any special assessment approved and still to come due.
• The total amount the seller owes the association.
• Any right of first refusal or other restraint on transfer.
• Capital expenditures approved for the current fiscal year, and reserves for capital expenditures.
• The current operating budget and balance sheet.
• Unsatisfied judgments and pending lawsuits involving the association.
• A certificate of insurance for the common areas.
• Known violations on the seller's property.
• Government notices of health or housing code violations.
• Any administrative transfer fee charged on a change of ownership.

If it arrives late

Section 207.004 gives the owner remedies if the association does not deliver on time after a second request, including a court order and a judgment of up to $5,000 plus costs and fees. That is a seller remedy. For a buyer, the practical protection is the contract: your agent can use the TREC addendum for property subject to a mandatory owners' association, which addresses when you receive the subdivision information and what happens if you do not.

Why the lender cares

• Dues count in your payment. Regular association dues go into the housing payment the underwriter uses for your debt-to-income ratio. See HOA dues and rules.
• Delinquencies must be cleared. Unpaid amounts owed by the seller are paid at closing so the title can be insured clean.
• Condo projects get a separate review. For condominiums, the lender may also need a project questionnaire. That is an investor review, separate from the Texas resale certificate. See condo financing; condominiums are governed by Property Code Chapter 82.
• Rental restrictions matter. If you plan to rent the home, a restriction can change the plan.

Fictional example

Fictional example: a buyer goes under contract on a townhouse in a Fort Worth subdivision where the listing said little about the association. The title search shows a mandatory association. The resale certificate arrives on day 4 of a 7-day option period and shows a special assessment for roof replacement due next spring. The buyer still has time to negotiate or terminate under the option. If the certificate had arrived after the option ended, the buyer would be negotiating from a weaker position, and the lender would still count the ongoing dues.

Common mistakes

• Ordering the certificate late, after the option period ends.
• Reading only the dues line and skipping the lawsuits, reserves and budget.
• Assuming a voluntary neighborhood group is the same as a mandatory association. The recorded restrictions decide.
• Confusing the resale certificate with a condo questionnaire.

Next step

If you are looking at homes with an HOA, I can show you how the dues affect what you qualify for before you write an offer. Book a call, or start an application.

Related questions

• HOA dues and rules
• What does the title company do in Texas?
• Condo financing
• What happens on closing day in Texas?

Sources

Links checked Oct 21, 2026.

• Texas Property Code, Chapter 207, Sec. 207.003 Delivery of Subdivision Information (resale certificate) (current text): https://statutes.capitol.texas.gov/Docs/PR/htm/PR.207.htm
• Texas Property Code, Chapter 209 Texas Residential Property Owners Protection Act (current text): https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm
• Texas Property Code, Chapter 82 Uniform Condominium Act (current (amended eff. Sept 1, 2025)): https://statutes.capitol.texas.gov/Docs/PR/htm/PR.82.htm
• TREC One to Four Family Residential Contract (Resale), TREC No. 20-19, Paragraphs 5, 13 and 23 (form dated May 4, 2026): https://www.trec.texas.gov/forms/one-four-family-residential-contract-resale

About the author: McKade Lively, NMLS 2704474, American Pacific Mortgage Corporation dba True North Home Loans, NMLS 1850.

Equal Housing Opportunity.

Last reviewed: Oct 2026

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