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.
Tomball, TX
Tomball regulates construction activity through its nuisance ordinance. Construction in residential areas is generally permitted Monday through Saturday duri...
Tomball, TX
Tomball regulates noise under Chapter 18, Article IV of its Code of Ordinances. In 2024, the city adopted Ordinance 2024-17 which deleted Section 18-192 (Max...
Tomball, TX
Tomball restricts the parking of large commercial vehicles in residential neighborhoods. Vehicles exceeding certain size and weight thresholds, including sem...
Tomball, TX
Tomball restricts parking and storage of recreational vehicles, boats, and trailers in residential areas. RVs and boats must be stored behind the front build...
Tomball, TX
Tomball requires vehicles to be parked on improved surfaces such as concrete or asphalt driveways. Parking on grass, dirt, or unimproved surfaces in front ya...
Tomball, TX
Tomball regulates on-street parking throughout the city. Vehicles may not be parked on public streets for more than 72 consecutive hours. Parking is prohibit...
Side-by-side rule comparisons with other cities in Harris County.
See how other cities in Harris County handle cc&r enforcement.
See how Tomball's cc&r enforcement rules stack up against other locations.
Quick Compare
Help us keep this page accurate. If you notice an error or outdated information, let us know.