Bexar County HOA disputes follow Chapter 209, which requires written violation notices, a cure period, and a board hearing before fines. Owners may also pursue mediation or file suit in Bexar County court.
Before an HOA in Bexar County can impose fines, suspend privileges, or sue an owner for a covenant violation, Chapter 209 of the Texas Property Code imposes a mandatory due process sequence. Section 209.006 requires a written notice of violation delivered by certified mail describing the specific conduct, stating the amount of any proposed fine or cost, giving a reasonable opportunity to cure (typically 30 days), and informing the owner of the right to request a hearing before the board. If the owner requests a hearing, the association must hold it within 30 days, and the owner may be accompanied by counsel. SB 1588 (2021) expanded these rights. For disputes that survive the internal process, Bexar County owners have several options: alternative dispute resolution under the association's CCRs (some require mediation before suit), mediation through the Bexar County Dispute Resolution Center, or litigation in Bexar County Justice, County, or District Court depending on the amount in controversy. In covenant enforcement cases, the prevailing party is typically entitled to recover attorneys fees under Section 5.006 of the Property Code.
An HOA that skips the notice and hearing requirements cannot recover fines or attorneys fees and may face a declaratory judgment action. Owners who ignore violation notices can accumulate fines, lose amenity privileges, and face enforcement suits with attorneys fees.
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