Fines & Violations
Texas HOA Notice Before Enforcement: Tex. Prop. Code 209.006
Texas property owners' associations must send written notice by certified mail before many enforcement actions, including fines and suspensions. The notice must describe the violation, state amounts due, and explain cure and hearing rights under Tex. Prop. Code 209.006.
What the law covers
This section applies to property owners' associations. Before an association may take certain enforcement actions, it or its agent must give written notice to the owner by certified mail. Covered actions include suspending an owner's right to use a common area, filing a suit against an owner other than a suit to collect a regular or special assessment or foreclose under an association's lien, charging an owner for property damage, levying a fine for a violation of the restrictions or bylaws or rules of the association, or reporting any delinquency of an owner to a credit reporting service.
The association's governing documents and later amendments may also apply.
Key requirements and limits
The notice must describe the violation or property damage that is the basis for the action and state any amount due the association from the owner. It must inform the owner that the owner is entitled to a reasonable period to cure the violation and avoid the fine or suspension if the violation is of a curable nature and does not pose a threat to public health or safety; may request a hearing under Section 209.007 on or before the 30th day after the date the notice was mailed to the owner; and may have special rights or relief related to the enforcement action under federal law, including the Servicemembers Civil Relief Act (50 U.S.C. App. Section 501 et seq.), if the owner is serving on active military duty. The notice must specify the date by which the owner must cure the violation if the violation is of a curable nature and does not pose a threat to public health or safety, and that date must provide a reasonable period to cure.
Subsections (a) and (b) do not apply to a violation for which the owner has been previously given notice under this section and the opportunity to exercise any rights available under this section in the preceding six months. If the owner cures the violation before the expiration of the period for cure, a fine may not be assessed for the violation. A violation is considered a threat to public health or safety if it could materially affect the physical health or safety of an ordinary resident. A violation is considered uncurable if it has occurred but is not a continuous action or a condition capable of being remedied by affirmative action; nonrepetition of a one-time violation is not considered an adequate remedy.
Notice, hearing and deadlines
The association or its agent must give written notice by certified mail. The notice must also be sent by verified mail to the owner at the owner's last known address as shown on the association records. An owner may request a hearing under Section 209.007 on or before the 30th day after the date the notice was mailed. The notice must specify a cure date for curable violations that do not pose a threat to public health or safety, and that date must allow a reasonable period to cure. The six-month exception applies to repeat violations for which the owner previously received notice and an opportunity to exercise rights under this section.
Practical checklist for homeowners
Read your governing documents. Keep copies of notices received from the association. Check the official text for updates. Note the mailing date of any notice and the 30th day deadline to request a hearing under Section 209.007. Review whether the alleged violation is listed as curable or uncurable in the statute. Confirm that the association has your last known address on file.
Source
Tex. Prop. Code 209.006, official text“Before a property owners' association may suspend an owner's right to use a common area”
“may request a hearing under Section 209.007 on or before the 30th day after the date the notice was mailed to the owner”
“If the owner cures the violation before the expiration of the period for cure described by Subsection (c), a fine may not be assessed for the violation.”
“For purposes of this section, a violation is considered uncurable if the violation has occurred but is not a continuous action or a condition capable of being remedied by affirmative action.”
Frequently asked questions
Which enforcement actions require prior written notice from a Texas property owners' association?
The association must give written notice by certified mail before suspending common-area use, filing certain suits, charging for property damage, levying fines, or reporting delinquency to a credit reporting service.
What information must the notice contain?
It must describe the violation or property damage, state any amount due, explain cure and hearing rights, and specify a cure date if the violation can be cured.
How long does an owner have to request a hearing?
The owner may request a hearing under Section 209.007 on or before the 30th day after the date the notice was mailed.
Can a fine be assessed if the owner cures the violation in time?
No. If the owner cures the violation before the expiration of the cure period, a fine may not be assessed for the violation.
Does the notice requirement apply to repeat violations?
Subsections (a) and (b) do not apply to a violation for which the owner was previously given notice and an opportunity to exercise rights under this section in the preceding six months.
This page is general legal information, not legal advice, and Harrington Community is not a law firm. Statutes are amended over time and your association's governing documents may also apply. For advice about your situation, contact a licensed attorney or your state bar's lawyer referral service.