Houston, TX HOA Rules: CC&R Enforcement (2026)
Key Facts
- Enforcement Policy
- Required since Jan 2024
- Written Notice
- Required before fines
- Hearing Right
- PC 209.00593
- City Enforcement
- Ch. 10 Art. IX (Houston)
Summary
Texas law requires HOAs to adopt a formal enforcement policy and send written violation notices before imposing fines. Owners must receive notice of the specific violation and an opportunity to cure before penalties accrue.
Sec. 209.006. NOTICE REQUIRED BEFORE ENFORCEMENT ACTION. (a) Before a property owners' association may suspend an owner's right to use a common area, file a suit against an owner other than a suit to collect a regular or special assessment or foreclose under an association's lien, charge an owner for property damage, levy a fine for a violation of the restrictions or bylaws or rules of the association, or report any delinquency of an owner to a credit reporting service, the association or its agent must give written notice to the owner by certified mail.(b) The notice must:(1) describe the violation or property damage that is the basis for the suspension action, charge, or fine and state any amount due the association from the owner;
Full Breakdown
As of January 1, 2024, Texas Property Code 209.00505 requires every POA to adopt a written enforcement policy regarding the levying of fines. The policy must be publicly available. Before imposing a fine, the HOA must: (1) send written notice specifying the violation with a reasonable cure period, (2) provide the owner with an opportunity for a hearing under 209.00593, and (3) issue a written decision after the hearing. Fines must be reasonable and consistent with the enforcement policy. The HOA may record a lien for unpaid fines, but cannot foreclose on fines alone. CC&R enforcement is limited to restrictions that were properly recorded in the county deed records. Deed restrictions in Houston may also be enforced by the City under Chapter 10, Article IX of the Houston Code of Ordinances, which allows the city to enforce recorded deed restrictions in areas without zoning.
Violations & Fines
Fines per the HOA's adopted enforcement policy, typically $50 to $200 per violation per day. Liens may be filed for accumulated fines. Legal action for injunctive relief is available for persistent violations.
Frequently Asked Questions
Can the City of Houston enforce my neighborhood's deed restrictions?
Does my HOA need a written enforcement policy?
Sources & Official References
Other rules in Houston
Texas rules heatmap·Compare Houston to another location·View the Texas hoa rules overview
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CC&R Enforcement in Nearby Cities
How other cities in Harris County handle cc&r enforcement.