Frisco, TX HOA Rules: CC&R Enforcement (2026)
Key Facts
- Recording
- Collin County Clerk required
- Selective Enforcement
- Defense to action
- Cure Period
- 30 days (§209.006)
- Ambiguity
- Construed in owner favor
- Prevailing Fees
- Recoverable
Summary
Frisco HOAs enforce CCRs under authority of TX Property Code §§202-209. Selective or arbitrary enforcement is a defense; owners have 30-day cure rights for curable violations. Recorded CCRs run with the land and bind successor owners.
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 or other representative designated by an owner of real property may initiate, defend, or intervene in litigation or an administrative proceeding affecting the enforcement of a restrictive covenant or the protection, preservation, or operation of the property covered by the dedicatory instrument.(c) A court may assess civil damages for the violation of...
Full Breakdown
Texas courts have long held that CCRs are enforceable contracts running with the land, but enforcement must be even-handed; selective or waived enforcement can bar the HOA from acting under estoppel and waiver doctrines (see Uptegraph v. Sandalwood Civic Club). §202.004 requires CCR ambiguities be construed liberally to give effect to their purposes but in favor of free use of property where the meaning is unclear. Recording of dedicatory instruments at Collin County Clerk is required for enforcement (§202.006). Fines assessed for CCR violations are subject to §209.007 notice and hearing. Enforcement lawsuits go to Collin County district court; prevailing party can recover attorneys fees.
Violations & Fines
Non-compliance after final notice: fines, suspension of amenities, or civil suit for injunction and damages.
Frequently Asked Questions
Can my Frisco HOA enforce a rule it has ignored for years?
Sources & Official References
Other rules in Frisco
Texas rules heatmap·Compare Frisco to another location·View the Texas hoa rules overview
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CC&R Enforcement in Nearby Cities
How other cities in Collin County handle cc&r enforcement.