State Law Guide - Updated January 2026
Texas HOA Laws and Homeowner Rights
Under Texas Property Code Chapter 209 (Texas Property Code Section 209.001 et seq.), Texas homeowners have specific rights when facing HOA fines and violations. 30 days written notice via certified mail (Section 209.006).
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Your Rights Under Texas Property Code Chapter 209
Texas law provides important protections for homeowners facing HOA enforcement actions. Understanding these rights can help you identify procedural defects that may void improper fines.
Certified Mail Requirement
HOA must send notice via certified mail, return receipt requested
30-Day Notice Requirement
HOA must provide at least 30 days written notice before enforcement action
Right to Cure
Homeowner must be given opportunity to cure violation before fines can be imposed
Hearing Rights
Homeowner can request hearing within 30 days; HOA must hold it within 30 days of request
Foreclosure Limitations
HOA cannot foreclose solely for fines - only for unpaid assessments
Payment Priority
Fines are 5th priority in payment allocation - assessments come first
Common HOA Violations in Texas
HOAs can only enforce rules that are properly documented in the governing documents (CC&Rs). Here are common violation types that Texas homeowners face.
Texas-Specific Issues
- -xeriscape landscaping
- -solar panels
- -wind turbines
- -religious displays
- -vehicle restrictions
- -flagpole disputes
Common Nationwide Issues
- -architectural modifications
- -landscaping
- -parking
- -noise complaints
- -pet violations
- -rental restrictions
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Texas HOA Oversight
No State Regulatory Agency
Texas does not have a dedicated state agency for HOA oversight. Your options include small claims court (up to $20,000), private mediation, or consulting with an attorney.
Texas Attorney General Consumer ProtectionFrequently Asked Questions
How do I dispute an HOA fine in Texas?
Under Texas Property Code Section 209.007, you have the right to request a hearing within 30 days of receiving a fine notice. The HOA must hold the hearing within 30 days of your request. You can attend in person or by telephone/video. At the hearing, you can present your case and the HOA must provide a written decision.
Does the HOA have to send notices by certified mail in Texas?
Yes. Under Section 209.006, HOAs must send violation notices via certified mail, return receipt requested, at least 30 days before taking enforcement action. This gives you documented proof of when (or if) you received the notice. Notices sent by regular mail or email may not satisfy this requirement.
Is there a fine cap in Texas?
Unlike some states, Texas does not have a statutory cap on HOA fines. However, fines must be authorized by your governing documents (CC&Rs) and must be reasonable. Many Texas HOAs have adopted fine schedules that may limit amounts. Courts can also reduce fines they find excessive.
Can my HOA foreclose on my home for unpaid fines in Texas?
No. Under Texas Property Code Section 209.009, an HOA cannot foreclose solely for fines. They can only foreclose for unpaid assessments. Additionally, under Section 209.0063, when you make payments, fines are the lowest priority (5th), meaning assessments must be paid first.
What if I cure the violation?
Under Section 209.00505, you have the right to cure a violation before the HOA can impose fines or pursue enforcement. If you fix the issue within the notice period (typically 30 days), the HOA should not be able to proceed with fines for that violation.
Where do I file a complaint against my HOA in Texas?
Texas does not have a state agency that regulates HOAs. Your options include: filing in small claims court (up to $20,000), seeking private mediation, or consulting with an attorney. The Texas Attorney General can help with consumer fraud issues but does not regulate HOA operations directly.
Official Texas Resources
- Texas Property Code Chapter 209(Statute)
- Texas Attorney General Consumer Protection(Government)
- Texas Justice Court (Small Claims)(Courts)
- Texas Real Estate Commission(Government)
- Texas State Law Library HOA Resources(Reference)
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Based on Texas Property Code Section 209.001 et seq.