Keller HOA disputes are governed by Texas Property Code 209.007 requiring written notice and hearing before most enforcement actions. Mediation is commonly required by CCRs before litigation.
Before taking most enforcement actions, Keller HOAs must follow the due-process protections in Texas Property Code 209.006 and 209.007, including: written notice to the owner describing the alleged violation; a reasonable period to cure the violation before fines are imposed; an opportunity to be heard in person or in writing before a committee or the board; and the right to an expedited hearing under subchapter E. Fines may not be imposed for a violation for which the owner has not received this notice and hearing opportunity. Many Keller HOA CCRs require mediation or binding arbitration before litigation can be filed; this is enforceable under the Texas Arbitration Act and the Federal Arbitration Act depending on the agreement. For smaller disputes, Tarrant County justice courts handle claims up to 20,000 dollars under the small claims jurisdiction, and district court handles larger disputes and injunctive relief. The Texas Real Estate Commission does not regulate HOAs. Alternative dispute resolution providers like the American Arbitration Association handle many Texas HOA cases.
HOAs skipping the 209.006 and 209.007 process may have fines and enforcement invalidated. Owners who ignore valid notices may face fines, suspension of privileges, attorney fees, and possible foreclosure.
See how other cities in Tarrant County handle dispute resolution.
See how Keller's dispute resolution rules stack up against other locations.
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