How Do HOA Rules Affect Selling a Home in Bee Cave or Lakeway?

by Amanda Zito

How do HOA rules affect selling a home in Bee Cave or Lakeway?

For most sellers, an HOA will not stop you from selling your home.

But it can affect your timeline, your closing costs, and even whether a buyer decides to move forward.

One of the biggest things sellers need to know is that Texas buyers may have a short window to review the HOA documents and cancel the contract.

That means you do not want surprises showing up after you already accepted an offer.

Maybe you added a pergola a few years ago but never received HOA approval.

Or there is a special assessment you forgot about.

Or the HOA has an open violation on the property.

These things are much easier to deal with before the home goes on the market.

Here is what Bee Cave and Lakeway sellers should know before listing a home in an HOA community.

What HOA Documents Are Needed When You Sell in Texas?

For many single-family homes in HOA communities around Lakeway and Bee Cave, the process is covered by Chapter 207 of the Texas Property Code.

When the HOA information is requested in writing, the association provides what is called the subdivision information.

This usually includes:

Deed restrictions, often called CC&Rs
HOA bylaws and rules
A resale certificate

The resale certificate is especially important.

It can show things such as:

Your regular HOA dues
Special assessments
Money you currently owe the HOA
The association's budget and reserves
Lawsuits involving the HOA
Known violations on your property

The HOA generally has 10 business days to provide the information after receiving a written request.

The resale certificate fee is capped at $375, and an updated certificate can cost up to $75.

Condos have different rules, so this article is focused on single-family homes and townhomes in HOA communities.

Why the 3-Day Review Period Matters

Most Texas home sales involving a mandatory HOA use the TREC Addendum for Property Subject to Mandatory Membership in a Property Owners Association.

This form explains who will order the HOA documents and who will pay for them.

It can also give the buyer the right to cancel.

In many situations, the buyer has 3 days after receiving the HOA information to review it and decide whether they want to move forward.

If the seller is required to provide the documents and never does, the buyer may have additional rights to cancel before closing.

This is why HOA paperwork matters so much.

A buyer may love the home and have no major inspection issues, but then discover something in the HOA documents that changes their mind.

That could be a rental restriction, violation, special assessment, or unexpected fee.

And suddenly you are negotiating again.

Should You Order the Resale Certificate Before Listing?

You want to prepare early, but not necessarily order everything months ahead of time.

The resale certificate generally has to be prepared within 60 days before it is delivered.

If you order it too early, you may have to pay for an updated certificate later.

A better approach is to gather your HOA rules, account information, approval letters, and other documents before listing.

Then the resale certificate can be ordered closer to the time it is actually needed.

Common HOA Issues in Bee Cave and Lakeway

Open Violations and Improvements Without Approval

This is one of the first things I would check before listing.

Homes around Lakeway and Bee Cave often have great outdoor spaces.

That may include:

Pergolas
Pools
Outdoor kitchens
Fences
Retaining walls
Landscaping projects

Many HOAs require architectural approval before these projects are completed.

If you had work done but cannot find the approval paperwork, start looking for it before the home goes on the market.

If you do not have it, contact the HOA or management company and ask what they have on file.

It is much easier to deal with this before a buyer is waiting for an answer.

Brown Lawns and Watering Restrictions

Watering restrictions are something Lake Travis homeowners are used to dealing with.

A Texas law that took effect September 1, 2025 prevents HOAs from fining homeowners for brown or dead grass while certain residential watering restrictions are in effect and for 60 days afterward.

That may help with the HOA.

But it does not necessarily help your listing photos.

If your lawn is struggling, look for other simple ways to improve curb appeal without depending on perfect green grass.

Fresh mulch, clean landscaping, trimmed plants, and a clean entry can still make a big difference.

Solar Panels

Texas law limits how much an HOA can restrict solar installations.

But your HOA may still have rules about placement or require approval paperwork.

If your home has solar, try to have these documents ready:

HOA approval
Solar ownership or lease paperwork
Loan information, if applicable
Transfer terms

Buyers usually want to understand exactly what happens to the solar agreement when the home sells.

The fewer questions left unanswered, the smoother the transaction usually goes.

Rental and Short-Term Rental Rules

This can be especially important around the Lake Travis area.

Some buyers are looking for a second home.

Others may be considering renting the property when they are not using it.

Your HOA may have:

Minimum lease periods
Rental limits
Short-term rental restrictions
Rental caps

If your community has rental restrictions, it is better for buyers to know that early.

You do not want a buyer planning to use the home as a vacation rental only to discover during the HOA review period that they cannot.

Also remember that city rules and HOA rules are separate.

A rental may have to comply with both.

Special Assessments and HOA Reserves

Special assessments can catch sellers and buyers off guard.

An HOA might approve an assessment for things like:

Road repairs
Pool improvements
Common-area repairs
Major community projects

Buyers may also look at the HOA's reserve funds to get a better idea of the association's financial condition.

If there is already an approved assessment, it can appear on the resale certificate.

So find out about it early.

Then you can decide how you want to handle it during the sale.

That might mean paying it, negotiating it with the buyer, or taking it into consideration when pricing the home.

Your Home May Have More Than One HOA

Some master-planned communities have more than one association.

You could have a master HOA plus another association for your specific neighborhood or section.

That can mean:

Two sets of HOA rules
Two resale packets
Two sets of fees

Before listing, confirm exactly which associations your property belongs to.

You want those costs included when estimating your selling expenses.

HOA Fees at Closing: Who Pays?

HOA expenses can surprise sellers because there may be more than just monthly dues.

Who pays each fee can depend on the contract.

Resale Certificate

Under Texas law, the buyer generally pays unless the parties agree otherwise.

The TREC HOA addendum also allows the parties to negotiate who will pay.

Transfer Fees and Deposits

HOA transfer fees, deposits, and reserve contributions can be separate from the resale certificate fee.

The contract can also include a dollar limit for how much the buyer will pay.

If the HOA fees are higher than that amount, the seller may be responsible for the difference.

This is one of those small contract details that can turn into an unexpected expense if you are not paying attention.

Regular HOA Dues

Regular HOA dues are usually prorated at closing, similar to property taxes.

You can also look up your HOA's management certificate through the Texas HOA database at hoa.texas.gov.

These certificates can include information about transfer fees and other association charges.

Can an HOA Actually Help Sell Your Home?

Absolutely.

An HOA is not always a negative.

Some Bee Cave and Lakeway buyers specifically want communities with amenities such as:

Pools
Walking trails
Parks
Lake access
Boat storage
Maintained common areas

If your HOA offers amenities buyers will care about, make sure they understand what their dues actually include.

Just verify the information before advertising it.

Amenities and access rules can change.

You do not want to advertise lake access, a boat ramp, or another amenity only to find out your section of the neighborhood does not actually include it.

Pre-Listing HOA Checklist for Bee Cave and Lakeway Sellers

Before your home goes on the market, I recommend checking these items:

Confirm every HOA or association your home belongs to
Find out who manages each association
Download the current rules and deed restrictions
Check your HOA account for unpaid balances or late fees
Find approval letters for exterior improvements
Ask whether there are any open violations
Look up transfer fees
Check for approved special assessments
Review rental and short-term rental rules

Most of this can be handled before the home ever hits the market.

And that is the point.

It is much easier to solve an HOA issue now than after you have a buyer, a closing date, and a 3-day deadline hanging over the transaction.

Frequently Asked Questions

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

Generally, the HOA has 10 business days after receiving a written request.

If it misses the deadline, it may lose the right to charge the resale certificate fee, and additional remedies may apply.

Can a buyer cancel because of HOA documents in Texas?

In many cases, yes.

Under the standard TREC HOA addendum, a buyer may have a 3-day period after receiving the HOA information to terminate the contract and receive their earnest money back.

There may also be additional rights if the information is incorrect or materially changes before closing.

Do I have to fix an HOA violation before selling my Lakeway or Bee Cave home?

Not necessarily.

Texas law does not automatically require every HOA violation to be corrected before closing.

But known violations may appear on the resale certificate.

And many buyers will want the violation corrected, approved, or addressed as part of the sale.

Taking care of it before listing usually puts you in a much better position.

Selling a Home in a Bee Cave or Lakeway HOA Community?

Every HOA handles things a little differently.

And those small details can affect your timeline, your closing costs, and sometimes your negotiations with the buyer.

If you're thinking about selling, I can help you review the HOA information before your home goes on the market, look for anything that may come up during the sale, and build a net sheet that includes the HOA costs you should expect.

Schedule a private consultation.

Call or text 949-484-9486 or visit SoldByZito.com.

Amanda Zito, REALTOR®
Real Broker, LLC
TX TREC #840088 | CA DRE #01740063
SoldByZito.com

This article is for general information only and is not legal advice. For questions about your specific HOA rules, deed restrictions, or an HOA dispute, speak with a Texas real estate attorney.