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Sherman, TX HOA Rules: Dispute Resolution (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Governing section
Sherman Code of Ordinances § 10.02.008(f)(6) and (h)
Who enforces HOA rules
Solely the association, not the city
City notice
City notifies the POA of violations
Possible city remedy
Revoke the specific approval of the association
City cure right
Perform duties after due notice, then assess
Assessment effect
Lien in favor of the city on the property

Summary

In the City of Sherman, Texas, association documents must state that enforcement of association rules and regulations is solely the association's responsibility and not the city's. The city's own enforcement runs against the association: notice of violations, possible revocation of approval, and city-performed work assessed as a lien.

(6) Statement that the authority for enforcement of association rules and regulations is solely the responsibility of the association and is not, in any way, the responsibility of the city; ... (h) Violations, revocations and liens. (1) The city will notify the property owners' association of violations of any of the regulations specified within this section. (2) Failure to bring the subdivision into compliance with these regulations may cause the city to revoke the specific approval of the association or take other remedies as outlined in this Subsection (h). ... (4) Should the association fail to carry out its duties as specified in this chapter, the city shall have the right and ability, after due notice to the association, to perform the duties required by this or any other ordinance, regulation or agreement with the city in order to bring the association into compliance therewith.

Full Breakdown

Section 10.02.008(f)(6) of the Sherman Code of Ordinances requires every property owners' association (POA) document set in the City of Sherman, Texas to contain a statement that the authority for enforcement of association rules and regulations is solely the responsibility of the association and is not, in any way, the responsibility of the city. A homeowner with a complaint about a covenant, a fine or a dues charge in a Sherman subdivision is therefore pointed at the association, not at Sherman Development Services or the city council. The section does not create a hearing, mediation or appeal process for homeowner-versus-association disagreements. Those terms sit in the recorded declaration, covenants and bylaws the section requires; subsection (f)(3) calls for bylaws related to the governance of the association, and subsection (d)(3) requires all POA documents to be recorded at the county before the final plat.

What the city does enforce is the association's compliance with the subdivision chapter. Under subsection (h)(1), the city notifies the POA of violations of the regulations in the section. Under (h)(2), failure to bring the subdivision into compliance can cause the city to revoke the specific approval of the association or take other remedies. Subsection (h)(3) gives the city all lien, assessment and enforcement rights granted to the association, plus any other enforcement actions available under state law and city regulations. Subsection (h)(4) lets the city, after due notice, perform the association's duties and assess the association for the full amount owed or assess the property owners on a pro rata basis. That assessment is a lien in favor of the city. Subsection (f)(11) requires written consent in the POA documents giving the city the authority to take these actions.

The association's one procedural protection in the section is due notice before the city steps in. The city's liability is also cut off in writing: subsection (f)(9) requires an indemnification stating that under no circumstances shall the city be liable to the association or any property owner for damages, injuries or liability resulting from any amenity, private street, creek-adjacent area, thoroughfare screening or other association-owned area. City attorney review of the documents happens earlier, before the final plat is recorded, under subsection (d)(2).

Violations & Fines

Section 10.02.008(h) lets the city notify the association of violations, revoke the association's specific approval, perform the association's duties after due notice, and assess the association or the property owners pro rata. The resulting assessment is a lien in favor of the city on the property assessed.

Frequently Asked Questions

Will the City of Sherman enforce my HOA's rules?
No. Section 10.02.008(f)(6) requires the association documents to state that authority for enforcement of association rules and regulations is solely the responsibility of the association and is not, in any way, the responsibility of the city. Rule disputes with an association in a Sherman subdivision go to the association.
What can the city do if an association fails its duties?
After due notice to the association, the city can perform the required duties itself under Section 10.02.008(h)(4). It can then assess the association for the full amount owed or assess the property owners on a pro rata basis, and the assessment constitutes a lien in favor of the city upon the property.
Where are HOA dispute procedures written down?
Not in the city code. Section 10.02.008(f)(3) requires bylaws related to the governance of the association, and the declaration and covenants must be recorded at the county before the final plat under subsection (d)(3). Any internal dispute steps live in those recorded documents.
Is the city liable for damage from HOA amenities?
The POA documents must carry a written indemnification under Section 10.02.008(f)(9) stating that under no circumstances shall the city be liable to the association or any property owner for damages, injuries (including death) or liability resulting from any amenity or other association-owned and maintained area or facility.

Sources & Official References

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