Texas · TREC 36-11Texas HOA addendum (TREC 36-11): the subdivision information deadlines
When a Texas home is in a mandatory property owners association, the TREC addendum 36-11 (effective July 1, 2026) decides who obtains the subdivision information – the restrictions, bylaws and rules plus a resale certificate (Property Code §207.003) – and by when. Once the buyer receives it, the buyer may terminate within 3 days or before closing, whichever comes first, and get the earnest money back.
The four options (check one)
1. Seller delivers
Within the days written, the seller obtains, pays for and delivers the subdivision information. The buyer may terminate within 3 days after receiving it or before closing, whichever is first; if it never arrives, the buyer may terminate any time before closing.
2. Buyer obtains
Within the days written, the buyer obtains it at the buyer's expense; the buyer is deemed to receive it on actual receipt or the date written, whichever is earlier; same 3-day termination right.
3. Already received
The buyer received and approved it before signing. If the buyer requires an updated resale certificate, the seller delivers it within 10 days after receiving the buyer's payment for it.
4. Not required
The buyer does not require the subdivision information.
Other terms
Material changes
The seller must promptly notify material changes; the buyer may terminate before closing if information was untrue or a material adverse change occurs – earnest money refunded.
Fees and reserves
The buyer pays association transfer fees, deposits and reserves up to the amount written; the seller pays any excess (regular dues are prorated separately).
Authorization
The seller authorizes the association to release the information to the buyer, the title company or any broker; the title company orders it only after receiving the fee from the party who must pay.
What the TC tracks
- Which box is checked and the delivery deadline in days.
- The date the subdivision information is received – it starts the 3-day window.
- Who pays the title company for association information.
- The cap on transfer fees and reserves in paragraph C.
Questions about the Texas HOA addendum
What is subdivision information in Texas?
A current copy of the restrictions, bylaws and rules of the association and a resale certificate, as described in Texas Property Code §207.003.
How long does the buyer have to terminate after receiving the HOA documents?
3 days after receiving the subdivision information, or before closing, whichever occurs first – with the earnest money refunded.
What is the current TREC HOA addendum?
TREC No. 36-11, effective July 1, 2026; it replaces 36-10. It is not for condominiums.
Who pays for the resale certificate?
It depends on the box: the seller under option 1, the buyer under option 2; an updated certificate under option 3 is at the buyer's expense.
Which form does the buyer use to terminate?
The TREC Notice of Buyer's Termination of Contract (38-8) has a box for terminating under paragraph A of the HOA addendum.
Texas forms
Add the HOA delivery date to the deal in ClosingCode and the 3-day window sits on the same calendar as the TREC deadlines, with reminders.
Start free trialSource: Texas Real Estate Commission, TREC No. 36-11 Addendum for Property Subject to Mandatory Membership in a Property Owners Association (effective July 1, 2026).
General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage, and it is not affiliated with TREC.