A Texas HOA enforces its recorded restrictive covenants (Tex. Prop. Code Ch. 202), but Chapter 209 controls the procedure: § 209.006 requires certified-mail notice and a cure opportunity before most enforcement, and § 209.007 gives the owner a hearing. Section 202.003 directs that covenants 'shall be liberally construed' to give effect to their purpose.
Chapter 202 governs construction and enforcement of restrictive covenants, including architectural rules; § 202.003(a) provides a 'restrictive covenant shall be liberally construed to give effect to its purposes and intent.' But before an association suspends common-area use, files most suits, charges for damage, or fines an owner for a covenant violation, § 209.006 requires written notice by certified mail, return receipt requested, describing the violation and giving a reasonable period to cure curable violations that do not threaten health or safety. The owner may request a hearing before the board under § 209.007, which must be held within 30 days of the request, with at least 10 days' advance notice and a document packet provided beforehand. These Chapter 209 procedures apply on top of the covenant terms themselves.
An owner who violates a validly recorded covenant may face suspension of common-area rights, a fine (after § 209.006 notice and any hearing), a lawsuit for injunctive relief, or being charged for damage. Enforcement actions taken without the required certified-mail notice and cure opportunity may be challenged. Texas Property Code sets no fixed dollar penalty.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Odessa, TX
Construction noise in Odessa is regulated under the general noise ordinance. Construction activities in or near residential areas are expected to occur durin...
Odessa, TX
Odessa addresses excessive barking dogs under its animal control and nuisance ordinances. Dogs that bark persistently and disturb neighbors may result in cit...
Odessa, TX
Odessa's noise ordinance (Code of Ordinances Art. 8-2) prohibits any unreasonably loud or disturbing noise that materially distresses a person of ordinary se...
Odessa, TX
Odessa requires that driveways meet city standards for width, materials, and construction. All vehicles must be parked on improved surfaces—parking on grass ...
Odessa, TX
Odessa regulates the parking and storage of recreational vehicles and boats on residential properties. RVs and boats must be stored on improved surfaces and ...
Odessa, TX
Odessa regulates street parking through its traffic and parking ordinances. Vehicles must not block traffic, driveways, or fire hydrants. Some areas have tim...
See how Odessa's cc&r enforcement rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.