Austin, TX HOA Rules: CC&R Enforcement (2026)

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.