Texas HOA Hearing Rights: Tex. Prop. Code 209.007

What the law covers

This section covers hearings before the board and alternative dispute resolution for property owners' associations. An owner who is entitled to an opportunity to cure a violation may submit a written request for a hearing to discuss and verify facts and resolve the matter in issue before the board, except as provided in subsection (d). An owner or property owners' association may use alternative dispute resolution services. Subsection (b) is repealed. The notice and hearing provisions of Section 209.006 and this section do not apply if the association files a suit seeking a temporary restraining order or temporary injunctive relief or files a suit that includes foreclosure as a cause of action.

Key requirements and limits

• The owner has the right to submit a written request for a hearing only if the owner is entitled to an opportunity to cure the violation.\n- The board or the owner may request a postponement, and a requested postponement shall be granted for a period of not more than 10 days. Additional postponements may be granted by agreement of the parties.\n- The owner or the association may make an audio recording of the meeting.\n- During a hearing, a member of the board or the association's designated representative shall first present the association's case against the owner. An owner or the owner's designated representative is entitled to present the owner's information and issues relevant to the appeal or dispute.

Notice, hearing and deadlines

• The association shall hold a hearing not later than the 30th day after the date the board receives the owner's request for a hearing.\n- The association shall notify the owner of the date, time, and place of the hearing not later than the 10th day before the date of the hearing.\n- Not later than 10 days before the association holds a hearing, the association shall provide to an owner a packet containing all documents, photographs, and communications relating to the matter the association intends to introduce at the hearing.\n- If the association does not provide a packet within that period, an owner is entitled to an automatic 15-day postponement of the hearing.

Practical checklist for homeowners

• Read your governing documents.\n- Keep copies of notices and requests.\n- Submit a written request for a hearing if you are entitled to an opportunity to cure the violation.\n- Ask for the hearing packet no later than 10 days before the hearing.\n- Check the official text for updates.