Austin, TX HOA Rules: Dispute Resolution (2026)
Key Facts
- ADR Requirement
- Must offer before filing lawsuit (Section 209.0071)
- Written Offer
- Must describe dispute and desired outcome
- Response Period
- 30 days to accept ADR offer
- Cost Sharing
- Mediation costs typically split between parties
- Municipal Program
- None; handled through state law
Summary
Texas Property Code Section 209.0071 provides a mandatory alternative dispute resolution (ADR) framework for HOA disputes in Austin. Before an HOA or homeowner can file a lawsuit related to the governing documents, the complaining party must first offer ADR through mediation. This applies to disputes over enforcement actions, fines, architectural decisions, and assessment collection.
Sec. 209.007. HEARING BEFORE BOARD; ALTERNATIVE DISPUTE RESOLUTION. (a) Except as provided by Subsection (d) and only if the owner is entitled to an opportunity to cure the violation, the owner has the right to submit a written request for a hearing to discuss and verify facts and resolve the matter in issue before the board. (c) The association shall hold a hearing under this section not later than the 30th day after the date the board receives the owner's request for a hearing and shall notify the owner of the date, time, and place of the hearing not later than the 10th day before the date of the hearing. (e) An owner or property owners' association may use alternative dispute resolution services.
Full Breakdown
0071, before a property owners' association or an owner may file a suit related to the governing documents, the party must offer ADR to the other party. If the other party agrees, the parties must engage in the alternative dispute resolution process before filing suit. The ADR offer must be made in writing and must describe the nature of the dispute and the desired outcome. If the other party does not accept within 30 days, the offering party may proceed to litigation. Mediation costs are typically split between the parties unless otherwise agreed.
0052 also allows owners to challenge board actions taken without proper notice through ADR. The Texas Attorney General does not directly regulate HOA disputes, but the Texas Real Estate Commission (TREC) handles complaints related to management certificates. For condominium disputes (governed by Chapter 82 rather than 209), different procedures apply. Austin does not maintain a municipal HOA dispute resolution program; all disputes are handled through state law procedures and the courts.
Violations & Fines
Filing a lawsuit without first offering ADR as required by Section 209.0071 can result in the court dismissing or abating the case until ADR is completed. If either party refuses to participate in agreed-upon ADR, the court may consider this when awarding attorney's fees.
Frequently Asked Questions
Do I have to try mediation before suing my Austin HOA?
Where do I file a complaint about my Austin HOA?
Sources & Official References
Other rules in Austin
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