Mesquite, TX HOA Rules: CC&R Enforcement (2026)
Key Facts
- Notice
- Section 209.006 notice required before enforcement action
- 30-Day Cure
- 30-day cure period minimum (60 days for construction)
- Civil Penalties
- Civil penalties up to $200/day under TX Prop. Code 202.004
- Right Request
- Right to request hearing before fines
- City Mesquite
- City of Mesquite does not enforce CC&Rs
Summary
Enforcement of covenants in Mesquite HOAs follows Texas Property Code Section 209.006 notice-and-cure procedures; fines, suspension of privileges, and lawsuits are available remedies, while city code enforcement handles separate municipal violations.
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 a restrictive covenant in an amount not to exceed $200 for each day of the violation.
Full Breakdown
Before an HOA in Mesquite may fine an owner, suspend common-area privileges, or bring suit to enforce a deed restriction, it must deliver the Section 209.006 notice by certified mail describing the violation, the proposed action, a reasonable cure period of at least 30 days (60 days where a construction cure is needed), and the owner's right to request a hearing. The HOA must exhaust these procedures before charging attorney fees to the owner. Texas Property Code Section 202.004 confirms that the association has standing to enforce restrictions and allows civil penalties up to $200 per day for continuing violations, in addition to injunctive relief. The City of Mesquite, by contrast, enforces its own Code of Ordinances (tall grass, inoperable vehicles, property maintenance) and can issue citations or place municipal liens, but the city will not enforce private deed restrictions such as paint colors or holiday decorations.
Frequently Asked Questions
Does the HOA have to warn me before fining me?
Can Mesquite code enforcement enforce deed restrictions?
Can fines really accumulate daily?
Sources & Official References
Other rules in Mesquite
Texas rules heatmap·Compare Mesquite 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.