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Fines & Violations · Texas

Tex. Prop. Code 209.006

Notice required before enforcement action

Official text ↗ Checked against the official source on 1 November 2026

At a glance

Notice before a fine
Written notice by certified mail required before fine
“the association or its agent must give written notice to the owner by certified mail.”
Hearing before a fine
Request hearing by 30th day after notice mailed
“may request a hearing under Section 209.007 on or before the 30th day after the date the notice was mailed to the owner;”
Fine barred if cured
No fine if violation cured before deadline
“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.”
Fine amount in notice
Notice must state amount due
“describe the violation or property damage that is the basis for the suspension action, charge, or fine and state any amount due the association from the owner;”
Repeat violation notice exception
No new notice needed if noticed within six months
“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.”

Each fact is shown with the exact words of the statute it comes from. Your association's governing documents may also apply.

Plain-English guide

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.

Read the guide

Official text

Copy retrieved from statutes.capitol.texas.gov. Always rely on the official source for the current version.

Show the full text of Tex. Prop. Code 209.006
Sec. 209.006. NOTICE REQUIRED BEFORE ENFORCEMENT ACTION. (a) Before a property owners' association may suspend an owner's right to use a common area, file a suit against an owner other than a suit to collect a regular or special assessment or foreclose under an association's lien, charge an owner for property damage, levy a fine for a violation of the restrictions or bylaws or rules of the association, or report any delinquency of an owner to a credit reporting service, the association or its agent must give written notice to the owner by certified mail. (b) The notice must: (1) describe the violation or property damage that is the basis for the suspension action, charge, or fine and state any amount due the association from the owner; (2) except as provided by Subsection (d), inform the owner that the owner: (A) 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; (B) 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 (C) 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; (3) 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 (4) be sent by verified mail to the owner at the owner's last known address as shown on the association records. (c) The date specified in the notice under Subsection (b)(3) must provide a reasonable period to cure the violation if the violation is of a curable nature and does not pose a threat to public health or safety. (d) 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. (e) 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. (f) For purposes of this section, a violation is considered a threat to public health or safety if the violation could materially affect the physical health or safety of an ordinary resident. (g) 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. For purposes of this subsection, the nonrepetition of a one-time violation or other violation that is not ongoing is not considered an adequate remedy. (h) The following are examples of acts considered uncurable for purposes of this section: (1) shooting fireworks; (2) an act constituting a threat to health or safety; (3) a noise violation that is not ongoing; (4) property damage, including the removal or alteration of landscape; and (5) holding a garage sale or other event prohibited by a dedicatory instrument. (i) The following are examples of acts considered curable for purposes of this section: (1) a parking violation; (2) a maintenance violation; (3) the failure to construct improvements or modifications in accordance with approved plans and specifications; and (4) an ongoing noise violation such as a barking dog. Added by Acts 2001, 77th Leg., ch. 926, Sec. 1, eff. Jan. 1, 2002. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 252 (H.B. 1127), Sec. 3, eff. January 1, 2012. Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 17, eff. September 1, 2015. Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 14, eff. September 1, 2021.

The same topic in other jurisdictions

Arizona · A.R.S. 33-1803 Arizona · A.R.S. 33-1242 British Columbia · Strata Property Act, s. 130 British Columbia · Strata Property Act, s. 132 Florida · Fla. Stat. 720.305 Florida · Fla. Stat. 718.303 Illinois · 765 Ill. Comp. Stat. 605/9.2 Oregon · Or. Rev. Stat. 94.630 Pennsylvania · 68 Pa.C.S. 5302 Texas · Tex. Prop. Code 209.0061 Texas · Tex. Prop. Code 82.102 Virginia · Va. Code 55.1-1819 Washington · Wash. Rev. Code 64.38.020 Compare fines & violations laws side by side →

This page is general legal information, not legal advice, and Harrington Community is not a law firm. For advice about your situation, contact a licensed attorney or your state bar's lawyer referral service.

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