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.
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.
Non-compliance after final notice: fines, suspension of amenities, or civil suit for injunction and damages.
See how other cities in Collin County handle cc&r enforcement.
See how Frisco's cc&r enforcement rules stack up against other locations.
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