Collin County, TX HOA Rules: CC&R Enforcement (2026)
Key Facts
- Enforcement Law
- TX Prop Code 202
- Notice
- Required before suit
- Attorney Fees
- Prevailing party
- Flag Protection
- US and TX flags
- Religious Items
- Protected
Summary
CCRs enforceable as restrictive covenants under TX Property Code 202. HOA must give written notice and cure opportunity before enforcement. Attorney fees recoverable by prevailing party per TX Prop Code 5.006.
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
TX Property Code Ch. 202 governs CCR enforcement. Ambiguities construed liberally to give effect to purposes (TX Prop Code 202.003). HOA must follow 209.006 notice and cure before suing. Prevailing party entitled to reasonable attorney fees. Selective enforcement is defense. TX Prop Code 202.018 protects display of religious items. TX Prop Code 202.019 protects display of U.S. and Texas flags. TX Prop Code 202.023 protects standby generators.
Sources & Official References
Other rules in Collin County
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