Texas Property Code Chapter 209 governs how HOAs in Austin enforce covenants, conditions, and restrictions (CC&Rs). Before levying fines, the HOA must provide written notice specifying the violation and the owner's right to a hearing before the board. Fines and suspension of rights may only be imposed after an open board meeting vote. The HOA may not file a lien for fines alone.
Under Texas Property Code Chapter 209, HOAs enforce CC&Rs through a structured process. The association must first send a written notice to the homeowner before levying any fine or taking enforcement action. This notice must describe the specific violation, reference the applicable provision of the governing documents, and inform the owner of their right to a hearing before the board. The hearing must take place in an open board meeting under Section 209.0051. The board may impose fines, require corrective action, or suspend certain privileges (such as use of common areas), but may not suspend voting rights. Under Section 209.006, an HOA may file a lien against a property for unpaid assessments, but liens may not be filed for unpaid fines alone. Enforcement actions must be applied consistently across all homeowners to avoid claims of selective enforcement. Section 202.004(a) provides that a property owners' association may exercise any powers granted in the governing documents. However, certain restrictions are preempted by state law, including prohibitions on flags, solar panels, religious displays, rain barrels, and drought-resistant landscaping. The statute of limitations for enforcement of restrictive covenants in Texas is generally four years under Civil Practice and Remedies Code Section 16.004.
The HOA may levy fines after proper notice and an open board hearing. Fines vary by association but are limited by reasonableness standards. If the owner does not comply after notice and hearing, the HOA may pursue legal action, but must first offer ADR under Section 209.0071. Liens for assessments (not fines alone) may be filed and, with a court order, may lead to foreclosure.
Austin, TX
Austin City Code Chapter 9-2 establishes citywide quiet hours from 10:30 PM to 7:00 AM, during which sound plainly audible across a property line in resident...
Austin, TX
Austin enforces Texas Transportation Code Chapter 683 and Austin City Code Chapter 12-5: a vehicle on public right-of-way is abandoned if inoperable for more...
Austin, TX
Austin Land Development Code Chapter 25-2 Subchapter F caps residential fences at 6 feet in side and rear yards and 4 feet in front yards without a permit. C...
Austin, TX
Austin City Code Chapter 3-4 requires dogs in public to be restrained on a leash no longer than 6 feet, with limited exceptions for designated off-leash area...
Austin, TX
Consumer fireworks are illegal to possess, use, or sell within Austin city limits. Violations can carry fines up to $2,000. Permits are issued only for profe...
Austin, TX
Austin imposes no general restriction on year-round lawn ornaments, statuary, or religious displays on private residential property. The sign code (LDC 25-10...
See how Austin's cc&r enforcement rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.