Converse HOA Rules: CC&R Enforcement Rules (2026)

Texas Property Code 202.004 provides that restrictive covenants are liberally construed to give effect to their purpose and intent. HOAs have standing to enforce CCRs against any lot owner, and individual lot owners generally have standing to enforce against other lot owners for the benefit of the community. Enforcement usually follows a graduated process: a courtesy notice, a formal notice of violation identifying the restriction violated and giving the owner a reasonable cure period (typically 30 days), fines after a hearing under 209.007, and ultimately a lawsuit for injunctive relief and damages. Property Code 209.006 requires the notice of violation to be sent by certified mail, describe the violation, state the amount of any fine, identify any right to a hearing, and give a reasonable cure period. Property Code 202.004(c) allows a court to award up to $200 per day in civil damages for violations (practically used as a cap for HOA fines absent a more specific CCR provision). Reasonable attorney fees are recoverable by the prevailing party in most CCR enforcement lawsuits. Defenses available to owners include waiver by selective enforcement, changed conditions in the neighborhood, and failure to follow statutory notice procedures.