CCR enforcement in North Richland Hills HOAs must follow Texas Property Code 202 and 209 including written standards, uniform application, due process for violations, and limits on fines. Selective or retaliatory enforcement is grounds for an owner defense and potential counterclaim.
Restrictive covenants are enforced primarily by the HOA board with oversight from Texas Property Code Chapters 202 and 209. To be enforceable a CCR must be properly recorded, not waived by prior non-enforcement on similar violations, and applied uniformly. Under 209.006 the HOA must send certified-mail notice of any alleged violation describing the issue, explaining any cure period, and informing the owner of the right to a hearing. Fines may be imposed only after the cure period expires (if the violation is curable) and any requested hearing occurs. Fine amounts must be reasonable and per the CCRs and board policy. The HOA cannot enforce CCRs in a way that is prohibited by Chapter 202 protections (see Architectural Review). Owners facing enforcement can respond by curing, requesting a hearing, documenting selective enforcement against similarly situated owners, and if needed filing suit for declaratory judgment that the CCR is unenforceable, has been waived, or has been selectively applied. Attorneys fees are often recoverable by the prevailing party. NRH does not enforce HOA CCRs; the city enforces only municipal code, which sometimes but not always overlaps with CCR topics.
Contact your local code enforcement office for specific penalty information.
See how other cities in Tarrant County handle cc&r enforcement.
See how North Richland Hills's cc&r enforcement rules stack up against other locations.
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