Fines & PenaltiesTX
Texas HOA Fines: What Chapter 209 Requires
By The HOARebel Team · May 25, 2026 · 3 min read · Updated June 2, 2026
A Texas property owners' association can levy fines for violations of its restrictive covenants — but the Texas Residential Property Owners Protection Act (Chapter 209 of the Texas Property Code) puts a written policy, advance notice, and a cure period in front of that power. This is general information about how the framework works, not legal advice. Chapter 209 is the main state law here, but it operates alongside the association's declaration, applicable federal law, and the Texas Business Organizations Code.
The association must adopt a written fine policy
Under §209.0061 ("Association Policy; Fines"), a board cannot fine in an ad hoc way — it has to publish the ground rules first:
"A property owners' association board shall adopt an enforcement policy regarding the levying of fines." — §209.0061(b), Tex. Prop. Code
That policy must include the general categories of covenants for which fines may be assessed, a schedule of fines for each category, and information about the hearings available under §209.007. The written-enforcement-policy and fine-schedule requirement was strengthened by House Bill 614 (2023, effective January 1, 2024). The statute also lets the board reserve authority to set a fine that "varies on a case-by-case basis," and associations are required to make the policy available to owners, including by posting it on a publicly accessible website where one exists.
Notice and a chance to cure before a fine
Before levying a fine, §209.006 requires the association to send written notice by certified mail that describes the violation and any amount due, and that informs the owner of key rights — including, for a curable violation, a reasonable period to fix it:
"is entitled to a reasonable period to cure the violation and avoid the fine or suspension if the violation is of a curable nature" — §209.006(b)(2)(A), Tex. Prop. Code
The notice also tells the owner they may request a hearing (on or before the 30th day after the notice was mailed) and notes possible protections under federal law such as the Servicemembers Civil Relief Act. And critically, if the owner cures in time, the fine is off the table:
"If the owner cures the violation before the expiration of the period for cure ... a fine may not be assessed for the violation." — §209.006(e), Tex. Prop. Code
The bigger picture
Texas law treats fines as something that must follow a published policy and a fair process — notice, a cure opportunity for curable violations, and a right to a hearing. Whether those steps were properly followed in a given case is fact-specific, and a licensed Texas attorney is the right resource for advice on a particular situation.
Frequently asked questions
Can a Texas HOA fine me without warning?
Section 209.006 requires written notice by certified mail before levying a fine, including (for curable violations) a reasonable opportunity to cure and information about requesting a hearing.
What if I fix the violation after getting the notice?
Section 209.006(e) provides that if the owner cures the violation before the cure period expires, a fine may not be assessed for that violation.
Does the HOA need a fine schedule?
Yes. Section 209.0061 requires the board to adopt an enforcement policy that includes a schedule of fines and information about hearings, and to make it available to owners.
Sources
Free tool
Is your fine actually valid?
Answer a few questions about your notice and see how it compares to what Texas's law requires before an association can fine you — free, with the statute quoted for each step.