Texas HOA Fines: What Chapter 209 Requires

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. For your specific situation, a licensed Texas attorney is the right resource. 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.

What must a Texas HOA's fine policy include?

Categories, a fine schedule and hearing information. Under Texas Property Code §209.0061, the board's enforcement policy must list the general categories of covenants for which fines may be assessed, a schedule of fines for each category, and information about hearings under §209.007. House Bill 614 (2023) added the requirement, effective January 1, 2024.

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 by the property owners' association." — §209.0061(b), Tex. Prop. Code

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.

What must a Texas HOA violation notice include?

The violation, any amount due, and the owner's rights. Under Texas Property Code §209.006, the notice goes by certified mail before a fine and tells the owner they are entitled to a reasonable period to cure a curable violation and may request a hearing on or before the 30th day after the notice was mailed.

On the cure period, the statute says 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" — §209.006(b)(2)(A), Tex. Prop. Code

The notice also 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

Can my HOA fine me for a brown lawn in Texas?

Not during certain watering restrictions. Under Texas Property Code §202.008, in effect since September 1, 2025, an association may not fine an owner over grass or turf requirements while the property is under a residential watering restriction under which brown or discolored turf could reasonably result, or before the 60th day after that restriction is lifted.

Chapter 202 adds this narrower limit, enacted by House Bill 517. The operative language:

"A property owners' association may not assess a fine against a property owner for a violation of an applicable restrictive covenant that requires the owner to plant or install grass or turf or maintain green vegetation or turf or prohibits discolored or brown vegetation or turf on the property" — §202.008(b), 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

• Texas Property Code §209.0061 — Association Policy; Fines
• Texas Property Code §209.006 — Notice Required Before Enforcement Action
• Texas Property Code §209.007 — Hearing Before Board; Alternative Dispute Resolution
• Texas Property Code §202.008 — Limitation on Fines During Residential Water Restriction