Glossary

Definitions of terms that are helpful to homeowners in communities that have a homeowners’ association (HOA).

Is a term missing that you feel should be listed? Please email me at wwv.marlane@gmail.com for consideration to add it.

A B C D E F G H I J K L M N O P Q R S T U V W XYZ

Assessment: a regular assessment, special assessment, or other amount a property owner is required to pay a property owners’ association under the dedicatory instrument or by law

Board; Board of Directors: governing body of a property owners’ association

Dedicatory Document (Instrument): documents (instruments) that describe how a residential subdivision shall be established, maintained, and operated; the documents subject property to (1) restrictive covenants, bylaws, or similar instruments that govern the administration or operation of a property owners’ association, (2) properly adopted rules and regulations of the property owners’ association, and (3) all lawful amendments to the covenants, bylaws, rules, or regulations.

Fiduciary Duties and Legal Obligations
Serving on the board means taking on a fiduciary duty, a legal responsibility to act in the best interest of the HOA as a whole. These duties are typically broken down into three categories:

Duty of Care: Make informed decisions based on research, expert advice, and community input.
Duty of Loyalty: Prioritize the community’s needs over personal interests. Disclose and avoid conflicts of interest.
Duty to Act Within Authority: Follow federal, state, and local laws, as well as the HOA’s governing documents – when making decisions.

Texas law also outlines specific guidelines for board eligibility and term lengths, as well as processes for board member removal or resignation. For example, board members cannot have recent felony convictions involving moral turpitude and must comply with certain conflict-of-interest regulations.

Source: Understanding Your HOA Board: Roles, Responsibilities, and Why They Matter. Creative Management Company. Online at https://www.cmctx.com/hoa-board-roles-responsibilities/ Accessed: 01/06/2026

Homeowners’ Association (HOA): a general term that refers to condominium owners’ associations as well as property owners’ associations; see Property Owners’ Association

I J K

Lot: any designated parcel of land located in a residential subdivision, including any improvements on that parcel

Management Company: a person or entity established or contracted to provide management or administrative services on behalf of a property owners’ association.

Owner: a person who holds record title to property in a residential subdivision and includes the personal representative of a person who holds record title to property in a residential subdivision.

Property Owners’ Association (POA): an incorporated or unincorporated association that:

is designated as the representative of the owners of property in a residential subdivision;
has a membership primarily consisting of the owners of the property covered by the dedicatory instrument for the residential subdivision; and
manages or regulates the residential subdivision for the benefit of the owners of property in the residential subdivision.

Source: Adapted from (Texas) Property Code. Title 11. Restrictive Covenants. Chapter 202. Construction and Enforcement of Restrictive Covenants. Sect. 202.002. Definitions. Online at https://statutes.capitol.texas.gov/?tab=1&code=PR&chapter=PR.202&artSec=202.001 Accessed 01/06/2026

Regular Assessment: a charge, a fee, or dues that each owner of property within a residential subdivision is required to pay to the property owners’ association on a regular basis and that is designated for use by the property owners’ association for the benefit of the residential subdivision as provided by the restrictions.

Restrictions: one or more restrictive covenants contained or incorporated by reference in a properly recorded map, plat, replat, declaration, or other instrument filed in the real property records or map or plat records. The term includes any amendment or extension of the restrictions.

Restrictive Covenant: any covenant, condition, or restriction contained in a dedicatory instrument, whether mandatory, prohibitive, permissive, or administrative

Special Assessment: a charge, a fee, or dues, other than a regular assessment, that each owner of property located in a residential subdivision is required to pay to the property owners’ association, according to procedures required by the dedicatory instruments, for:

defraying, in whole or in part, the cost, whether incurred before or after the assessment, of any construction or reconstruction, unexpected repair, or replacement of a capital improvement in common areas owned by the property owners’ association, including the necessary fixtures and personal property related to the common areas;
maintenance and improvement of common areas owned by the property owners’ association; or
other purposes of the property owners’ association stated in its articles of incorporation or a dedicatory instrument.

X Y Z