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.
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.
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.
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