Dallas County, TX HOA Rules: CC&R Enforcement (2026)
Key Facts
- Statute
- TX Property Code Ch. 209 Residential POA
- Notice
- Certified-mail notice and cure (Sec. 209.006)
- Hearing Right
- Homeowner board hearing (Sec. 209.007)
- Foreclosure
- Requires court approval (Sec. 209.0092)
- Payment Priority
- Assessments before fines statutory
Summary
Texas HOAs must follow strict notice, hearing, and fine procedures before enforcing covenants, with mandatory cure periods for most violations.
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 ... (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
HOA covenant enforcement in Dallas County is governed by the Texas Residential Property Owners Protection Act (Property Code Chapter 209). Before an HOA may fine a homeowner, suspend privileges, or file suit for a covenant violation, it must provide written notice by certified mail describing the violation, the amount of any proposed fine, and a reasonable cure period (typically at least 30 days) under Sec. 209.006. Homeowners have the right to request a hearing before the board under Sec. 209.007. Nonjudicial foreclosure for assessment liens requires separate notice under Sec. 209.0091 and, in most cases, court approval under Sec. 209.0092. HOAs must maintain open books and records accessible to owners (Sec. 209.005). Priority-of-payment rules require payments be applied to assessments before fines. Selective or discriminatory enforcement can be challenged as a breach of covenants. For condominiums, TX Property Code Ch. 82 provides parallel procedures.
Frequently Asked Questions
Can my Dallas County HOA fine me without warning?
Can an HOA foreclose on my home for unpaid dues in Texas?
What if the HOA enforces rules against me but not my neighbors?
Sources & Official References
Other rules in Dallas County
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