TX Property Code Sec. 209.007 entitles HOA members to a hearing before the board to resolve disputes. The board must hold hearings within 30 days of a written request and provide 10 days' notice. Either party may request one postponement of up to 10 days. Sec. 209.00593 allows owners to use alternative dispute resolution including mediation.
Texas Property Code Section 209.007 provides Fort Worth HOA members the right to a hearing before the board for disputes involving fines, suspension of rights, property damage charges, or enforcement actions. When an owner receives a Sec. 209.006 notice, they may submit a written request for a hearing within 30 days. The board must hold the hearing within 30 days of receiving the request and notify the owner of the date, time, and place at least 10 days in advance. Either party may request one postponement of up to 10 days; additional postponements require mutual agreement. At the hearing, the association presents its case first, then the owner or their representative presents their information. Under Sec. 209.00593, either party may use alternative dispute resolution services including mediation. If a lawsuit is filed, a party may file a motion to compel mediation. The owner or the association may also pursue binding arbitration if both parties agree. Court action under Sec. 209.0011 is available for injunctive relief or declaratory judgment.
If the HOA fails to provide a hearing when properly requested, any resulting fine or enforcement action may be voidable. The owner may seek injunctive relief in court under TX Property Code Sec. 209.0011.
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