Texas HOA Covenant & Architectural Enforcement

Chapter 202 governs construction and enforcement of restrictive covenants, including architectural rules; § 202.003(a) provides a 'restrictive covenant shall be liberally construed to give effect to its purposes and intent.' But before an association suspends common-area use, files most suits, charges for damage, or fines an owner for a covenant violation, § 209.006 requires written notice by certified mail, return receipt requested, describing the violation and giving a reasonable period to cure curable violations that do not threaten health or safety. The owner may request a hearing before the board under § 209.007, which must be held within 30 days of the request, with at least 10 days' advance notice and a document packet provided beforehand. These Chapter 209 procedures apply on top of the covenant terms themselves.

An owner who violates a validly recorded covenant may face suspension of common-area rights, a fine (after § 209.006 notice and any hearing), a lawsuit for injunctive relief, or being charged for damage. Enforcement actions taken without the required certified-mail notice and cure opportunity may be challenged. Texas Property Code sets no fixed dollar penalty.