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Irving, TX HOA Rules: Dispute Resolution (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Internal Hearing
Required before fines
Written Notice
Must precede any enforcement
Mediation
Available under TX ADR Act
Small Claims
Justice Court up to $20,000
Complaints
TX Real Estate Commission

Summary

TX Property Code Ch. 209 provides dispute resolution procedures including mandatory internal hearings before fines. Alternative dispute resolution (mediation/arbitration) is available.

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. ... (c) 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. The board or the owner may request a postponement, and, if requested, a postponement shall be granted for a period of not more than 10 days.

Source: TX Property Code Ch. 209 - TRPOPAView official code

Full Breakdown

Texas Property Code Chapter 209 requires HOAs to provide internal dispute resolution procedures before imposing fines or suspending privileges. Property owners must receive written notice of alleged violations and the opportunity for a hearing before the board. The hearing must be conducted by the board or a committee appointed by the board. Alternative dispute resolution (ADR) through mediation or arbitration is available under the Texas Alternative Dispute Resolution Procedures Act. Many Irving HOA governing documents include mandatory mediation or arbitration clauses. Homeowners may also file complaints with the Texas Real Estate Commission regarding POA violations. Small claims court (Justice Court) handles disputes under $20,000. Attorney fees may be recoverable by the prevailing party per the CC&Rs.

Violations & Fines

HOA fines imposed without proper hearing procedures may be challenged and voided.

Frequently Asked Questions

Can my HOA fine me without a hearing?
No. Texas law requires written notice and the opportunity for a hearing before the board before fines can be imposed.
What are my options if I disagree with my HOA?
Request an internal hearing, pursue mediation/arbitration, file a complaint with the TX Real Estate Commission, or take legal action in Justice Court.

Sources & Official References

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