Converse, TX HOA Rules: CC&R Enforcement (2026)
Key Facts
- Construction
- Liberal to effectuate intent (202.004)
- Notice
- Certified mail under 209.006
- Cure Period
- Reasonable, often 30 days
- Fine Cap
- Up to $200/day (202.004(c))
- Attorney Fees
- Recoverable by prevailing party
Summary
Converse CCRs run with the land and are enforced by the HOA under Property Code Ch 202 and 209. Enforcement uses notice, cure period, hearing, fines up to $200 per violation, plus possible court relief and attorney fees.
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 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
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. 007, and ultimately a lawsuit for injunctive relief and damages. 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.
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.
Violations & Fines
Owners in violation face escalating fines, possible suspension of common area access (for violations unrelated to personal health and safety), liens, and ultimately injunctive actions in district court with attorney fees. HOAs that selectively enforce or violate notice rules risk losing their enforcement action and paying owner attorney fees.
Frequently Asked Questions
Do CCRs expire?
Can I fight a fine by showing the HOA ignored others?
Do CCRs bind new owners?
Sources & Official References
Other rules in Converse
Texas rules heatmap·Compare Converse to another location·View the Texas hoa rules overview
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CC&R Enforcement in Nearby Cities
How other cities in Bexar County handle cc&r enforcement.