Prop. Code Section 209.003
Applicability of Chapter
(a)This chapter applies only to a residential subdivision that is subject to restrictions or provisions in a declaration that authorize the property owners’ association to collect regular or special assessments on all or a majority of the property in the subdivision.
(b)Except as otherwise provided by this chapter, this chapter applies only to a property owners’ association that requires mandatory membership in the association for all or a majority of the owners of residential property within the subdivision subject to the association’s dedicatory instruments.
(c)This chapter applies to a residential property owners’ association regardless of whether the entity is designated as a “homeowners’ association,” “community association,” or similar designation in the restrictions or dedicatory instrument.
(d)This chapter does not apply to a condominium as defined by Section 81.002 (Definitions) or 82.003 (Definitions).
(e)The following provisions of this chapter do not apply to a property owners’ association that is a mixed-use master association that existed before January 1, 1974, and that does not have the authority under a dedicatory instrument or other governing document to impose fines:
(1)Section 209.005 (Association Records)(c);
(2)Section 209.0056 (Notice of Election or Association Vote);
(3)Section 209.0057 (Recount of Votes);
(4)Section 209.0058 (Ballots);
(5)Section 209.00592 (Voting; Quorum); and
(6)Section 209.0062 (Alternative Payment Schedule for Certain Assessments).
Section 209.003 — Applicability of Chapter,
https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm#209.003 (accessed Nov. 25, 2023).