Frisco HOAs: what you are really signing up for

An owner can ask to inspect or copy association records, including financial records, by sending a written request by certified mail to the address on the association's latest management certificate. The association has 10 business days to respond, or it must give a date no later than 15 business days after notifying you of a delay (Property Code 209.005). Associations with more than 14 lots must keep financial records and meeting minutes for seven years.

Associations with more than 14 lots must offer a payment plan of at least three months for delinquent assessments, though they do not have to stretch it past 18 months, can limit you to one plan in 12 months, and can refuse for two years after a default on a prior plan (209.0062).

Before fining you, suspending common-area use or reporting a delinquency to a credit bureau, the association must send written notice by certified mail that describes the violation, gives a reasonable cure period when the violation is curable, and tells you that you can request a hearing within 30 days. If you cure in time, no fine can be charged (209.006).

An association cannot foreclose its lien when the debt is only fines or attorney's fees tied to fines (209.009). For other unpaid assessments, it generally needs a court order through an expedited foreclosure process or a court judgment before it can foreclose (209.0092). Regular dues are still a lien, so take any notice seriously.

On written request, the association must deliver current copies of the restrictions, bylaws and rules plus a resale certificate within 10 business days (Property Code 207.003). The certificate must disclose 16 items, including the regular assessment, approved special assessments, the operating budget and reserves, pending lawsuits, known violations on the home and every transfer-related fee.

The association can charge up to $375 to prepare and deliver the certificate and up to $75 for an update, and it cannot charge a fee if it misses the delivery deadline (207.003).

Under TREC's HOA addendum (form 36-11, effective July 1, 2026), the contract states who obtains and pays for the subdivision information. Once you receive it, you can terminate within 3 days or before closing, whichever comes first, and get your earnest money back. If the seller was supposed to deliver it and never does, you can terminate any time before closing.

Paragraph C of the same addendum sets a dollar cap on the association fees, deposits and reserve contributions the buyer pays at transfer; the seller pays anything above it. Fill in that blank with the real numbers from the certificate, not a guess.

In the certificate, find the regular assessment, any approved special assessment, the reserve balance and the operating budget. Thin reserves on an older community with pools and fences to replace can mean a special assessment later.

Look for pending litigation involving the association and any known violation on the house you are buying. A violation becomes your problem after closing.

If you want a pool, a fence change, solar panels, a short-term rental or an RV in the driveway, search the declaration and rules for those words before you rely on them.

Master association, sub-association, landscaping fees and transfer fees can all apply. Use the total in your monthly budget, alongside property tax and insurance.

If something in the documents changes your mind, act inside the termination window in the addendum. After that, your earnest money is on the line.