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Board & governance

What written policies should every HOA board have?

By OurHOA · General information · Revised

The written policies an HOA board should adopt, from collections to records and reserves, plus the Texas, Florida and Colorado rules on required policies.

Part of the HOA board handbook: running the board.

Why written policies matter

Governing documents set the big rules. Policies say how the board applies them week to week: what happens when a payment is 20 days late, who answers a records request, how a fine gets set. Without them, each case gets decided from memory, and owners notice when two similar cases come out differently. A policy adopted in advance protects the board as much as the owners, because it shows a decision followed a standard rather than a mood. Some states go further. In Texas, an association cannot charge for records until its copying policy is recorded. In Colorado, it cannot send an account to a collection agency or sue without a written collection policy. Florida asks for less, but what it asks for is easy to miss. The sections below cover those three states first, then the core manual every association should have. Rules vary by state and by your governing documents, so treat this as education, not legal advice.

Texas policies that must be adopted or recorded

Texas Property Code chapter 209 names specific policies, and two of them go into the county real property records. Under section 209.005(i), the board must adopt a records production and copying policy that sets what the association charges to compile, produce and copy records. Charges may cover materials, labor and overhead, but no more than the costs allowed under 1 Texas Administrative Code section 70.3. The policy must be recorded as a dedicatory instrument under section 202.006, and until it is, the association cannot charge owners for records at all. Under section 209.005(m), an association with more than 14 lots must adopt and follow a document retention policy with these minimums: governing documents and amendments kept permanently; financial books, minutes, tax returns and audit records for seven years; current owners' account records for five years; and contracts of a year or longer for four years after they end. Section 209.0062 requires associations with more than 14 lots to adopt payment plan guidelines, with a minimum term of three months, and file them in the real property records of each county the subdivision sits in. Skipping the filing does not let the board refuse a plan. Section 209.0062(e) says the owner can still get one. Section 209.0063 sets the order payments are applied, delinquent assessments first and fines near the end, so the collection policy has to match it. One exception: when the owner is in default on a payment plan, the association may apply the payment in another order, but a fine still cannot jump ahead of other amounts owed.

Florida's written rules on records and notice

Chapter 720 does not give Florida homeowners associations a list of required policies, but it does require one written rule and controls how others get adopted. Section 720.303(4)(c) says the association shall adopt written rules on how official records are kept and for how long, and make that information available to owners through the association's website or application. Section 720.303(5)(a) sets the floor: official records stay in Florida for at least 7 years unless the law or the governing documents say otherwise. Section 720.303(5)(g) lets the board adopt reasonable written rules on the frequency, time, location, notice and manner of records inspections. Those rules cannot make an owner give a reason, and they cannot limit inspection to less than one 8-hour business day a month. The same paragraph caps copies on the association's own copier at 25 cents a page. Staff time can be billed at no more than $20 an hour, only when retrieving and copying takes more than half an hour, and never for a request of 25 pages or fewer. Watch the calendar on adoption. Section 720.303(2)(c)2. requires written notice at least 14 days before any board meeting where amendments to rules on parcel use, or special assessments, will be considered. The notice goes to owners by mail, hand delivery or electronic transmission, and is also posted conspicuously on the property or broadcast on closed-circuit TV.

Colorado's nine required policies

Colorado is the most complete model. C.R.S. 38-33.3-209.5(1)(b) requires every association to adopt policies, procedures and rules on nine subjects: collection of unpaid assessments; conflicts of interest involving board members; conduct of meetings; enforcement of covenants and rules, including notice and hearing procedures and the fine schedule; owner inspection and copying of records; investment of reserve funds; how policies and rules are adopted and amended; how disputes between the association and owners are handled; and a reserve study policy stating whether the association has a study, whether a funding plan exists and what pays for it, and whether the study rests on a physical and financial analysis. An internal reserve study counts. Two of the nine have minimum contents. Under 209.5(4), the conflict of interest policy must define when a conflict exists, say how and to whom it is disclosed and whether the director recuses, provide for periodic review, and follow section 38-33.3-310.5. Under 209.5(5)(a), the collection policy must state the due date and when an account is delinquent, late fees and interest, returned-check charges, payment plan terms under section 38-33.3-316.3, and the certified-mail notice of delinquency sent before referral. Since 2022, 209.5(1.7)(a)(II) also bars referring an account to a collection agency or attorney without a majority board vote recorded at a meeting, and a manager cannot make that call alone. HB 25-1043, effective October 1, 2025, added a duty to ask owners periodically for a phone number, cell number and email address for notices. Even outside Colorado, the nine subjects make a good table of contents.

The core manual for any state

If your state does not prescribe a list, start with these seven. A collection policy covering due dates, grace periods, late fees, reminder steps, payment plans, and when an account goes to an attorney. An enforcement and fine policy covering how violations are reported, notice, the owner's chance to be heard, the fine schedule, and appeals. A records inspection policy covering how to request records, response times, what is withheld as confidential, and copy costs. A conflict of interest policy covering disclosure, recusal, and related-party contracts. A reserve funding and investment policy covering how often the reserve study is updated, the funding target, where reserve money is held, and who can move it. A rules adoption policy covering notice to owners, comment periods, and how rules are published. A dispute resolution policy covering how owners raise complaints and whether the association offers mediation. Our guides on what an HOA collection policy is and on HOA recordkeeping and document retention go deeper on the first and third.

Internal policies owners rarely see

Some of the most useful policies are about how the board runs itself. A spending authority policy sets how much an officer or manager can approve without a board vote and how many signatures a payment needs. A check signing and bank access policy says who holds online banking credentials and requires two people to approve transfers above a set amount. A communications policy says who speaks for the association, what goes in the newsletter, and how owner emails are answered. An emergency policy says who can authorize emergency repairs between meetings and how the board ratifies that spending afterward. An architectural review policy explains how applications are submitted, reviewed, and decided within the deadline your documents set. These reduce the day-to-day friction that makes small boards burn out.

How to adopt a policy properly

Check your governing documents first. A policy cannot contradict the declaration or bylaws, and some documents require owner approval or notice before certain rules take effect. Draft the policy in plain language. Have counsel review anything that touches collections, fines, or foreclosure, because mistakes there cost money. Put the policy on an open meeting agenda, give any notice your state requires (14 days in Florida for parcel-use rules), and adopt it by resolution. A motion can be this short: "I move that the board adopt Policy 4, Records Inspection and Copying, as presented, effective March 1, 2027, and direct the secretary to record it in the county real property records and post it on the owner website." If the policy must be recorded, as in Texas, record it before relying on it. Send owners a copy or post it where they can find it. California, for example, requires an annual policy statement under Civil Code section 5310 that summarizes the collection, enforcement, and dispute resolution policies, among other items. Our guide on adopting a new HOA rule and notifying owners walks through the notice steps.

Keep the manual current

Number each policy, date it, and note the resolution that adopted it. Keep one current version in the association's records and mark superseded versions clearly. Review the whole manual every year or two, and after every legislative session in your state. Colorado has amended 209.5 in 2022, 2024 and 2025, and a collection policy written before those changes is out of date. When a policy is replaced, adopt the new one by resolution just like the original, and in Texas record the replacement too. The mistakes that cost boards most are charging Texas copy fees under an unrecorded policy, sending a Colorado account to an attorney without a recorded board vote, and adopting a Florida parcel-use rule at a meeting noticed only 10 days ahead. A one-page index listing every policy, its adoption date, and where owners can get a copy saves new directors hours.

Sources

These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.

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