Texas HOA and condo resale certificates: what's in them and how to get one
In Texas, the resale certificate is the association's official statement about the property you're buying and the association itself. Different laws cover HOAs of houses and condos, but both certificates say what's owed, what's been approved, and whether the association is being sued.
HOAs of houses
Under Property Code section 207.003, the HOA must deliver, within 10 business days of a written request:
- the restrictions (deed restrictions or CC&Rs), bylaws and rules, and
- a resale certificate prepared no more than 60 days before it's delivered.
The request can come from the owner, the buyer or the title company, and the HOA can ask a buyer for evidence of the contract first. The seller must also give you a written notice, before you're bound by the contract, that membership in the HOA is mandatory and that you're entitled to these documents.
Condos
Under Property Code section 82.157, a condo seller must give you the declaration, bylaws, rules and a resale certificate before you sign the contract. The certificate must be no more than three months old, and the association has 10 days to issue it once the seller asks in writing. If it doesn't, the seller can give you a sworn statement instead.
The condo certificate comes with real protections. If it understates what the seller owes the association, you aren't liable for the difference. A buyer, lender or title insurer who relies on it isn't liable for a debt it doesn't disclose, and the association can't deny what it says.
What the certificate must tell you
- The regular assessment, and what the seller owes, including unpaid special assessments and fees.
- Special assessments that have been approved: for an HOA, the amount and purpose of any due after the certificate is delivered.
- Capital expenditures the association has approved, and the amount of its reserves.
- The current operating budget and balance sheet.
- Unpaid judgments against the association, and pending lawsuits it's a party to.
- Its insurance, and any known violations on the property you're buying.
- Any right of first refusal or other limit on transferring the property.
- For condos: transfer fees, the managing agent, and any government notices of code violations.
What to check
- Approved special assessments and capital expenditures. Find out what they're for, how much your share is, and who pays any due before closing.
- Reserves against the budget. Thin reserves and big approved projects usually mean more special assessments.
- Lawsuits. A pending suit can make it harder to get a loan on a condo. See what lenders check.
- Violations on the property. Agree in writing who fixes them, and who pays any fines, before closing.
- The balance sheet. Compare it with the budget for signs the association is running short.
The certificate covers what's been approved, not what's being discussed. Ask for the board minutes from the last 12 months too; they're where the next assessment shows up first.
How HOA Fine Print helps
Upload the resale certificate with the restrictions, bylaws, budget and minutes. The report lists the red flags with the page each one is on, checks the reserves and the lender rules, and lists any key documents missing, with an email to the association asking for them.
This guide is general information about Texas Property Code sections 5.012, 82.157 and 207.003 as of 2026, not legal advice. Ask a Texas real estate attorney about your purchase.