Texas HOA Violation Disputes: Your Rights Under Chapter 209

Texas homeowners are protected by the Texas Residential Property Owners Protection Act, found in Chapter 209 of the Texas Property Code.

The Mandatory Notice and Cure Period

Before levying a fine, a Texas HOA must send written notice that:

• Describes the violation
• States the amount of any proposed fine
• Informs you of your right to request a hearing within 30 days
• Provides a reasonable period to cure the violation (Tex. Prop. Code §209.006)

If the HOA skips these steps, the fine may be unenforceable.

Step 1: Verify the Notice Was Proper

The notice must be sent by certified mail. If you never received proper certified notice, that is grounds for dispute.

Step 2: Request a Hearing Before the Board

Under §209.007, you may request a hearing before the board within 30 days of receiving notice. This pauses the HOA's ability to act until the hearing is held.

Step 3: Demand the Cure Opportunity

For most curable violations, the HOA must give you a chance to fix the issue before fining you. Document your cure efforts with photos and dates.

Step 4: File Your Dispute Letter

Cite Chapter 209 directly, identify procedural failures, and request dismissal of the fine.

This article is for informational purposes only and does not constitute legal advice.