Irving, TX HOA Rules: CC&R Enforcement (2026)
Key Facts
- Notice Required
- Written notice before enforcement
- Correction Period
- Reasonable time to comply
- Hearing
- Required before fines
- Amendments
- Typically supermajority vote
- Authority
- TX Property Code Ch. 202 and 209
Summary
Texas Property Code Ch. 209 sets procedures for CC&R enforcement including required notice, hearing, and reasonable fine limits. Dedicatory instruments bind property owners upon purchase.
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 ... (c) A court may assess civil damages for the violation of a restrictive covenant in an amount not to exceed $200 for each day of the violation.
Full Breakdown
HOA CC&Rs (Covenants, Conditions & Restrictions) in Irving are enforceable as dedicatory instruments under Texas Property Code Chapter 202. Chapter 209 sets specific procedures for enforcement: the HOA must provide written notice of violations, allow reasonable time for correction, offer a hearing before the board, and impose fines only after proper procedures. Fines must be reasonable and consistent with the governing documents. The HOA may file suit to enforce restrictions and may recover attorney fees if authorized by the CC&Rs. Property owners are bound by CC&Rs upon purchase, even if they did not receive copies. Amendments to CC&Rs typically require a supermajority vote. Some CC&R provisions may be unenforceable if they conflict with Texas law.
Violations & Fines
CC&R violations may result in fines, liens, legal action, and attorney fee recovery.
Frequently Asked Questions
Are CC&Rs enforceable in Irving?
Can my HOA change the CC&Rs?
Sources & Official References
Other rules in Irving
Texas rules heatmap·Compare Irving to another location·View the Texas hoa rules overview
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CC&R Enforcement in Nearby Cities
How other cities in Dallas County handle cc&r enforcement.