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Texas · Property Code §207.003Texas HOA resale certificate (TREC 37-5): 10 business days, 60-day freshness and fee caps

In a Texas subdivision with a mandatory property owners association, the association must deliver the restrictions, bylaws and rules and a resale certificate within 10 business days after a written request from the owner, the purchaser, their agents or the title company (Property Code §207.003). The certificate must be prepared within 60 days before delivery. The fee is capped at $375, an update at $75, and no fee may be charged if the certificate is late. TREC form 37-5 is the promulgated certificate.

The rules

  1. 10 business days (§207.003(a))

    After a written request and verification of the requester's authority, the association delivers the restrictions, bylaws, rules and a resale certificate prepared not earlier than 60 days before delivery.

  2. Who may request

    The owner or owner's agent, a purchaser or purchaser's agent (the association may ask for evidence of a contract right), or the title company acting for either.

  3. Fees (§207.003(c), (c-1))

    Up to $375 for the certificate and $75 for an update. Payment may be required up front but not processed until the certificate is ready, and no fee if it is late.

  4. Update (§207.003(f), (g))

    Delivered within 7 business days after a request made within 180 days of the original certificate, by the original requester: waiver of any transfer restraint, status of unpaid amounts and changes.

If the association does not deliver (§207.004)

  1. Day 10 (business)

    Deadline missed

    The owner, agent or title company may submit a second request by certified mail or hand delivery.

  2. +5 business days

    Remedies

    The owner may seek a court order, up to $5,000, costs and attorney's fees, and may give the buyer an affidavit of the two requests.

  3. Affidavit given

    Lien ends

    The buyer, lender and title company are not liable for amounts due before the affidavit, and the association's lien for them terminates.

What the TC tracks

  • Who orders the subdivision information under TREC 36-11 and the delivery deadline.
  • The certificate date – within 60 days before delivery.
  • The buyer's termination window after receiving the information.
  • Transfer fees listed on 37-5 (item K) on the settlement statement.

Questions about the Texas HOA resale certificate

How long does a Texas HOA have to provide a resale certificate?

10 business days after the written request and verification of the requester's authority (Property Code §207.003(a)).

How much can a Texas HOA charge for a resale certificate?

Up to $375 for the certificate and up to $75 for an update; no fee if the certificate is not provided on time (§207.003(c), (c-1)).

How old can a Texas HOA resale certificate be?

It must be prepared not earlier than the 60th day before it is delivered.

Can the buyer request the HOA resale certificate?

Yes. A purchaser or purchaser's agent may request it; the association may require reasonable evidence of the purchaser's contract right.

What if the HOA ignores the request?

After a second request and 5 more business days, the owner may seek a court order and up to $5,000 and give the buyer an affidavit, which ends the association's lien for amounts due before it (§207.004).

Related guides

Track the HOA request, the 10-business-day date and the buyer's termination window as tasks with owners and due dates in ClosingCode, with the certificate kept in the deal documents.

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Source: Texas Property Code §§207.003, 207.004 (statutes.capitol.texas.gov); TREC Subdivision Information including Resale Certificate 37-5 (trec.texas.gov), read October 24, 2026.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage.