Texas HOAs must give owners written notice and a cure opportunity before fines under TX Property Code 209.006. Owners can request a board hearing within 30 days.
Under Section 209.006, before an HOA can collect a fine, file a suit other than for delinquent assessments, or report a delinquency to a credit bureau, the association must give written notice by certified mail to the owner describing the violation, stating amounts owed, and affording a reasonable period to cure (typically 30 days). Section 209.007 gives the owner the right to request a hearing before the board to present a defense to the alleged violation, which must be held within 30 days after the request. The board must consider the evidence and provide a written decision. While Texas does not mandate pre-litigation mediation in Chapter 209, many CCRs require alternative dispute resolution before court. The Texas Residential Construction Commission was dissolved in 2010, so construction disputes go directly to court. TREC and TDLR do not regulate HOAs. Owners can file complaints with the Texas Attorney General for fraud or pursue private suit for 202/209 violations.
HOA failure to provide notice/hearing: fines may be voided. Repeat bad-faith conduct may support claim for exemplary damages in owner lawsuit.
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