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Is my HOA fine valid in Texas?

In Texas, the Residential Property Owners Protection Act (Chapter 209) puts a written fine policy, certified-mail notice, and a chance to cure in front of a fine.

This is general information, not legal advice, and it does not decide whether your fine is valid. For your specific situation, a licensed Texas attorney is the right resource.

Check your notice

Answer a few questions about the Texas fine or violation notice you received, and see how it compares to what the law requires.

Question 1

1.Does your association have a written fine policy with a schedule of fines (often posted on its website)?

Question 2

2.Did you receive written notice by certified mail describing the violation before being fined?

Question 3

3.If the violation was something you could fix, were you given a reasonable period to cure it before the fine?

Question 4

4.Were you told you could request a hearing (on or before the 30th day after the notice was mailed)?

Answer all questions to see your result.

What Texas law requires before an HOA can fine you

Governing framework: Texas Property Code Chapter 209.

A Texas POA board must adopt an enforcement policy that includes a schedule of fines and information about hearings, and make it available to owners.

“A property owners’ association board shall adopt an enforcement policy regarding the levying of fines.” — §209.0061, Tex. Prop. Code

Statute: §209.0061, Tex. Prop. Code

Before levying a fine, the association must send written notice by certified mail that describes the violation and informs the owner of key rights.

Statute: §209.006, Tex. Prop. Code

For a curable violation that doesn’t pose a threat to public health or safety, the owner is entitled to a reasonable period to cure and avoid the fine; if the owner cures in time, a fine may not be assessed.

“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), (e), Tex. Prop. Code

Statute: §209.006(b)(2)(A), (e), Tex. Prop. Code

The pre-fine notice must inform the owner of the right to request a hearing, which the owner may request on or before the 30th day after the notice is mailed.

Statute: §209.006, §209.007, Tex. Prop. Code

Timing the Texas statute sets

HOA disputes often turn on short statutory windows — these are worth knowing early.

  • Request a hearing on or before the 30th day after the notice was mailed

    Under Chapter 209, an owner may request a hearing before the board on or before the 30th day after the date the association mailed the notice.

    §209.006, §209.007, Tex. Prop. Code

Go deeper on Texas HOA law

Sources

Not legal advice.This article is general information based on publicly available state law, which can change and varies by state. It is not legal advice and does not create an attorney-client relationship. Your community's governing documents may impose additional requirements. Verify the current statutes and consult a licensed attorney in your state about your specific situation.