Allen, TX HOA Rules: CC&R Enforcement (2026)
Key Facts
- Pre-Fine Notice
- Required by 209.006
- Cure Period
- Reasonable time required
- Uniform Enforcement
- Required
- Fine Foreclosure
- Prohibited
Summary
Texas Property Code 209.006 requires written notice and opportunity to cure before HOA can fine or suspend privileges. Uniform enforcement required; selective enforcement creates defense.
Sec. 202.004. ENFORCEMENT OF RESTRICTIVE COVENANTS. (a) An exercise of discretionary authority by a property owners' association or other representative designated by an owner of real property concerning a restrictive covenant is presumed reasonable unless the court determines by a preponderance of the evidence that the exercise of discretionary authority was arbitrary, capricious, or discriminatory.(b) A property owners' association or other representative designated by an owner of real property may initiate, defend, or intervene in litigation or an administrative proceeding affecting the enforcement of a restrictive covenant or the protection, preservation, or operation of the property covered by the dedicatory instrument.(c) A court
Full Breakdown
Pre-enforcement notice must describe violation, state amount of fine if not cured, provide reasonable period to cure, and inform owner of hearing rights. Fines must be reasonable per 209.0063. HOAs cannot foreclose for fines alone (only assessments). Protected items under Ch. 202 (flags, solar, religious displays, xeriscape) cannot be enforced against. Legacy deed restrictions pre-2002 may also apply under Ch. 201.
Sources & Official References
Other rules in Allen
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CC&R Enforcement in Nearby Cities
How other cities in Collin County handle cc&r enforcement.