During the 87th regular session, the Texas legislature passed SB 1588 related to Home Owner Associations (HOAs). This bill requires TREC to establish a database to accept management certificates from HOAs. This bill does not give TREC the authority to license or register HOAs, and TREC does not have enforcement jurisdiction of HOA activities.
TREC recognizes there may be some questions surrounding this new requirement for HOAs. Below are some helpful FAQs. If additional information is needed, please get in touch with TREC customer relations.
When are Home Owner Associations (HOA’s) required to electronically file their management certificate or amended management certificate with TREC?
TREC is developing a website portal that will allow an HOA to electronically upload and file its management certificate or amended certificates with the agency. The site will be up by December 1, 2021, and we ask that HOAs do not send any certificates to TREC until the site is available. Please monitor our homepage for updates and any additional information regarding the website.
What is the deadline to file an HOA’s management certificate or amended management certificates?
HOAs that have filed management certificates with the county clerk in the county of record where the HOA is located before December 1, 2021, have until June 1, 2022, to electronically file the document(s) with TREC. However, if the HOA files a management certificate with the county clerk after December 1, 2021, the HOA has seven days to file that same certificate with TREC.
How long does TREC have to set up an electronic system to receive HOA management certificates?
The Commission has until December 1, 2021, to get a system ready to electronically receive certificates. Please monitor our homepage for the latest information. We plan to have this electronic system up and running before the deadline.
Will I be able to email or send in by regular mail the HOA management certificate?
No. The HOA will be required to file these documents electronically through this new website. Electronic filing instructions will be available when the website goes live.
Will these certificates be available for members of the public to view?
Yes. These documents will be available to all members of the public to view.
Does TREC regulate HOAs?
No. TREC has no regulatory authority over HOA’s. We are only authorized to hold their management certificates.
Will the Commission create a management certificate form for use by HOAs?
No. SB 1588 requires certain property owners’ associations (those governed by Chapter 209, Texas Property Code) to electronically file management certificates with the Commission so that the Commission can make the data accessible to the public. The Commission has no other authority, including to create a management certificate form. HOAs should review section 209.004 of Texas Property Code, which provides the information that must be included in a management certificate form.