Texas HOA Notice Before Enforcement: 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.