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Houston, TX HOA Rules: Dispute Resolution (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified April 2026

Key Facts

Pre-Suit Mediation
Required (PC 209.007)
Hearing Notice
10+ days before fine
Records Disputes
Justice of the Peace
Attorney Fees
Recoverable by prevailing party

Summary

Texas law provides a structured dispute resolution process for HOA conflicts. Property Code 209.00593 allows owners to request a hearing before the board, and disputes may be taken to a Justice of the Peace or through mandatory pre-litigation mediation.

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... The owner or the association may make an audio recording of the meeting. 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.

Source: TX Property Code 209.007 – Alternative Dispute ResolutionView official code

Full Breakdown

Under Texas Property Code 209.007, before filing suit an HOA or owner must send a written request for a pre-litigation mediation. The mediation must be conducted by a qualified mediator. Property Code 209.00593 gives owners the right to a hearing before the board before any fine or suspension of rights is imposed. The owner must receive at least 10 days notice of the hearing date. The hearing may be conducted by the board, a panel, or a designated representative. If the dispute involves denial of records access, the owner may petition a Justice of the Peace court. Attorney general enforcement is limited, but owners may file complaints with the Texas Real Estate Commission if the HOA management company is licensed.

Violations & Fines

Failure to offer pre-litigation mediation can result in the dismissal of an HOA lawsuit. Owners who prevail in court may recover attorney fees. HOAs that impose fines without proper hearings risk having the fines invalidated.

Frequently Asked Questions

Do I have to go to mediation before suing my HOA?
Yes. Texas Property Code 209.007 requires pre-litigation mediation before either the HOA or the owner files suit. The mediator must be qualified and the process is mandatory.
Can my HOA fine me without a hearing?
No. Under Property Code 209.00593, you have the right to a hearing before the board with at least 10 days advance notice before any fine or suspension of rights is imposed.

Sources & Official References

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