Texas Property Code Chapters 202 and 209 govern enforcement of CC&Rs (Covenants, Conditions & Restrictions). The association must provide written notice and a 30-day cure period before fines or legal action. San Antonio requires all HOAs with mandatory assessments to register with the city's Association-Organization Registry.
Under Texas Property Code Section 209.006, before an association may suspend rights, charge fines, or file suit for a CC&R violation, it must provide the owner with written notice via certified mail describing the specific violation and granting at least 30 days to cure. If the violation involves a threat to public health or safety, the cure period may be shorter. Chapter 202 defines the general authority of property owners' associations to enforce restrictive covenants. San Antonio Ordinance requires all property owners' associations that collect mandatory assessments to register with the City's Association-Organization Registry (administered by the Community Engagement division). The registry provides a database accessible to homeowners and prospective buyers. Registered associations must provide contact information, governing documents, and assessment amounts. Failure to register does not invalidate the CC&Rs but may limit the city's ability to assist in dispute resolution.
Fines are set by individual CC&Rs. The association may file suit in county or district court. Attorney fees may be awarded to the prevailing party under Section 209.009.
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