Texas Property Code Section 209.007 provides homeowners with the right to a hearing before the board or a board-appointed committee to dispute violations or fines. Before filing suit, the association must attempt resolution through this hearing process. Mediation is encouraged but not mandatory under state law.
Under Section 209.007 of the Texas Property Code, a property owner is entitled to an opportunity to cure a violation and to submit a written request for a hearing before the board of directors or a committee appointed by the board. At the hearing, the owner may present evidence to discuss and verify the facts in dispute. The board must hold the hearing within 30 days of receiving the written request. If the dispute is not resolved at the hearing, either party may pursue legal action in court. Texas does not require mandatory mediation for HOA disputes, but many CC&Rs include mediation or arbitration clauses. San Antonio does not have a municipal mediation program specifically for HOA disputes, but the Bexar County Dispute Resolution Center offers voluntary mediation services. Attorney fees may be awarded to the prevailing party in HOA litigation under Section 209.009.
Failure to provide a hearing upon written request may result in the association's enforcement action being invalidated by a court. Attorney fees may be awarded to the prevailing homeowner.
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