Plano HOAs enforce CCRs through fines, privilege suspension, and liens under Texas Property Code Chapter 209. Notice and hearing procedures are required, and Chapter 202 preempts certain provisions.
Covenants, conditions, and restrictions in Plano deed-restricted neighborhoods are private contracts that run with the land, enforceable by the HOA and often by neighboring owners. Enforcement authority must be exercised in accordance with Texas Property Code Chapter 209. Under Section 209.006, the HOA must provide written notice by certified mail describing the violation, the required cure, any fine amount, and the right to a hearing before imposing most enforcement actions. Section 209.0061 limits the types of fees and charges an HOA can collect to enforce restrictions. Section 209.0051 requires open board meetings when enforcement decisions are made, except in specific executive-session categories. Chapter 202 preempts certain CCR provisions that conflict with state policy, including restrictions on composite roofs (Section 202.010), solar panels (Section 202.010), rainwater harvesting (Section 202.018), xeriscaping and drought-resistant landscaping (Section 202.007), the display of flags (Section 202.011), and religious displays (Section 202.018). HB 3571 added Section 202.023 in 2021, restricting HOA authority over perimeter fencing and certain landscape features. Selective or inconsistent enforcement can be a defense in court under the doctrine of waiver and can support a counterclaim under Section 209.008. Remedies range from fines and suspension of voting or amenity rights to liens and, with a court order under Section 209.0092, foreclosure. Owners receiving violation notices should respond in writing within the stated cure period and request a hearing if they dispute the violation.
Contact your local code enforcement office for specific penalty information.
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