CC&R enforcement follows TX Property Code Chapters 202 and 209. Written notice and a hearing are required before penalties. State law protects certain owner rights.
Covenants, conditions, and restrictions (CC&Rs) are recorded with the Nueces County Clerk and run with the land, binding all current and future property owners in the subdivision. Enforcement authority typically rests with the HOA board of directors as designated in the declaration. Texas Property Code Chapter 202 establishes the general framework for restrictive covenants, while Chapter 209 adds procedural protections for homeowners in residential subdivisions with 14 or more lots. Before taking enforcement action for a covenant violation, the association must send written notice to the owner identifying the specific violation and the proposed remedy or penalty. If the owner disputes the violation, they may request a hearing before the board under Section 209.007. The hearing must be held within a reasonable time, and the board must issue a written decision. Remedies for covenant violations may include fines, repair orders, injunctive relief, or placement of a lien on the property for unpaid fines and related costs. However, the association cannot foreclose on a property solely for unpaid fines. State law provides homeowners with specific protections that override CC&R provisions, including the right to display the United States flag (Property Code 202.011), the right to install solar energy devices (Property Code 202.010), protections for drought-resistant landscaping (Property Code 202.007), the right to install certain security devices, and the right to have a religious item on the entry door. Deed restrictions in Corpus Christi subdivisions vary widely, and some older developments have restrictions that have expired or been partially amended. Owners should obtain a current copy of their CC&Rs from the Nueces County Clerks records or from the HOA board.
Contact your local code enforcement office for specific penalty information.
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