HOAs in Dallas enforce covenants, conditions, and restrictions (CC&Rs) under the authority of the Texas Property Code and their recorded declaration. Before taking enforcement action, the HOA must provide written notice specifying the violation and allow the owner a reasonable opportunity to cure. Texas Property Code Section 209.006 requires a hearing before fines or suspension of rights. Enforcement powers are limited by state law protections including flag display rights, solar panel rights, and drought-tolerant landscaping rights.
CC&R enforcement in Dallas HOAs is governed by the Texas Property Code Chapters 202 and 209, along with the association's own declaration, bylaws, and rules. Before initiating enforcement, the HOA must send written notice to the owner describing the specific violation and the provision of the governing documents that was violated. The owner must be given a reasonable time to cure the violation (typically 30 days for most issues). For ongoing violations, the HOA may impose fines only after providing a hearing under Section 209.006. The Texas Property Code limits CC&R enforcement in several areas: Section 202.007 prohibits enforcement of restrictions banning rain barrels or rainwater harvesting; Section 202.010 prohibits restrictions banning drought-resistant landscaping or water-conserving turf; Section 202.011 protects flag display rights; Section 202.023 prevents prohibition of solar energy devices; and Section 202.019 restricts bans on religious displays at entry doors. The HOA may pursue legal action to enforce CC&Rs through the Dallas County district courts if the owner does not comply after notice and hearing. Attorney's fee provisions in the governing documents determine fee recovery.
Enforcement typically follows a progressive process: written warning, notice of violation with cure period, hearing, fine, and ultimately legal action. Fines must be authorized by the governing documents and imposed only after proper notice and hearing. An HOA that enforces restrictions in violation of state-law protections (e.g., banning solar panels or drought-tolerant landscaping) may be liable for the owner's attorney's fees.
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