Travis County, TX HOA Rules: CC&R Enforcement (2026)
Key Facts
- Fine range
- $25-$200 typical
- Cure right
- Required before fine
- Hearing
- Board hearing on request
- State preemption
- Solar, xeriscape, flags
- Selective enforcement
- Defense
Summary
HOAs enforce CCRs under TX Property Code 202 and 209. Fines must be reasonable; common cap $200/day. Owners have right to cure, hearing, and appeal. Religious items, solar, flags, and xeriscape cannot be restricted beyond state limits.
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... (c) A court may assess civil damages for the violation of a restrictive covenant in an amount not to exceed $200 for each day of the violation.
Full Breakdown
CCR enforcement in Travis County subdivisions typically follows this sequence: friendly notice, formal violation letter, certified-mail notice with hearing offer under 209.006, fine assessment, lien filing, judicial foreclosure. Fines are typically $25-$200 per day or per violation. Section 202.004(c) limits recoverable damages and attorney fees to reasonable amounts. HOAs may not enforce restrictions that violate state protections for solar, xeriscape, flags, composting, rainwater, and standby generators. Selective enforcement is a defense under common law.
Sources & Official References
Other rules in Travis County
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