Converse HOA disputes follow Texas Property Code Ch 209. Owners get a pre-fine hearing, records within 10 business days, and must be offered ADR before suit. Final disputes go to mediation, arbitration, or court.
Before an HOA can levy fines, suspend common area privileges, or file suit against an owner, Texas Property Code 209.007 requires written notice to the owner identifying the violation, stating the amount of any proposed fine, and offering a hearing before the board. The hearing must be held within a reasonable time, and the owner may present evidence and witnesses. Section 209.0072 requires the HOA to offer alternative dispute resolution for certain disputes before filing suit. Many CCRs written after 2000 include mandatory mediation clauses; a minority include binding arbitration. The Texas Residential Property Owners Protection Act entitles owners to inspect association books and records under Property Code 209.005; the HOA must provide the requested records within 10 business days of a written request, subject to a reasonable copying fee. Owners who believe the HOA has violated Chapter 209 can file a deceptive trade practice complaint with the Texas Attorney General or bring a civil action seeking injunctive relief, actual damages, and attorney fees under Section 209.008. The Texas Real Estate Commission does not regulate HOAs directly. Small claims court (Justice Court) up to $20,000 is available for smaller HOA disputes.
HOAs that fail to follow notice, hearing, or records-request procedures can be sued under Property Code 209.008, and the owner may recover actual damages plus reasonable attorney fees. Frivolous owner lawsuits may similarly result in fee-shifting against the owner.
See how other cities in Bexar County handle dispute resolution.
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