How McKinney Handles HOA Rules: A Practical Guide
McKinney maintains 124 local ordinances across all categories, and 5 of those deal specifically with hoa rules. Here is a breakdown of what the city actually requires, what is prohibited, and where McKinney falls on the strict-to-permissive spectrum compared to other cities.
Assessment & Dues
McKinney HOAs must follow TX Property Code §209.0064 for assessment collection: certified mail notice of default, 30-day cure period, payment plan offer, and strict prerequisites before foreclosure, which requires court order under §209.0092.
Key details: Notice: Certified + first class. Payment Plan: 3 months minimum. Foreclosure: Court order required. Redemption: 180 days. Lien Priority: Junior to mortgage.
Failure to follow §209.0064 notice voids foreclosure and exposes HOA to damages and attorney's fees. Misuse of late fees may be recovered by owner.
Compared to other cities, McKinney takes a harder line on assessment & dues. The enforcement and penalty structure reflects that.
Board Procedures
McKinney HOAs operate under Texas Property Code Chapter 209, which requires open meetings for members, recorded board actions, and 72-hour notice for regular meetings of most residential POAs.
Key details: State Law: TX Prop Code 209. Open Meetings: Board + member. Notice: 72 hr board / 144 hr member. Minutes: Member inspection. Small POA: Under 14 lots exempt.
Members may seek a court order compelling compliance and recover attorney's fees under §209.008. Individual directors face potential removal.
CC&R Enforcement
McKinney HOA covenants are enforced under TX Property Code Ch. 202 and 209; enforcement must be reasonable and consistent, cannot discriminate, and must respect state-law protections for flags, solar, religious items, and xeriscape.
Key details: Statute: TX Prop Code 202/209. Construction: Liberal for owner. Uniformity: Required. Fees: Recoverable. Defenses: Selective enforcement.
Unreasonable or selective enforcement may be challenged; prevailing owners recover attorney's fees under §5.006 of the Property Code. Courts may award declaratory and injunctive relief.
Dispute Resolution
TX Property Code §209.007 gives McKinney HOA owners the right to a hearing before the board prior to fines or suspension of privileges, with 30-day notice and the option to request alternative dispute resolution.
Key details: Notice: 30 days certified. Hearing: Before board. ADR: Available. Records: 209.005 inspection. Attorney Fees: Available to owner.
Fines levied without §209.007 notice are unenforceable and recoverable. HOAs that refuse hearings expose themselves to attorney's fee awards under §209.008.
Architectural Review
Texas Property Code §209.00505 governs McKinney HOA architectural review committees, requiring written decisions and an appeal route to the board; state law also preempts HOA bans on religious displays, solar panels, drought-resistant landscaping, and standby generators.
Key details: ARC Statute: 209.00505. Appeal: To full board. Solar: 202.010 protects. Xeriscape: 202.007 protects. Generators: 202.019 protects.
Arbitrary or discriminatory enforcement is grounds for a §209.008 suit. Declaratory relief and attorney's fees are available to prevailing owners.
The Bottom Line
McKinney's hoa rules rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming McKinney is broadly strict or permissive.
These rules come from McKinney's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.