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.
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.
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.
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Side-by-side rule comparisons with other cities in Harris County.
See how other cities in Harris County handle cc&r enforcement.
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