Texas Statewide Rule

Texas HOA Covenant & Architectural Enforcement

Some RestrictionsApplies statewide across Texas (2026)

Key Facts

Governing law: Tex. Prop. Code Ch. 202 + §§ 209.006, 209.007
Construction rule: Covenants 'liberally construed' (§ 202.003)
Pre-enforcement notice: Certified mail describing violation (§ 209.006)
Cure right: Reasonable time to cure curable violations
Hearing: Board hearing within 30 days of request (§ 209.007)

Last verified: September 5, 2026

Summary

A Texas HOA enforces its recorded restrictive covenants (Tex. Prop. Code Ch. 202), but Chapter 209 controls the procedure: § 209.006 requires certified-mail notice and a cure opportunity before most enforcement, and § 209.007 gives the owner a hearing. Section 202.003 directs that covenants 'shall be liberally construed' to give effect to their purpose.

(a) An exercise of discretionary authority by a property owners' association or other representative designated by an owner of real property concerning a restrictive covenant is presumed reasonable unless the court determines by a preponderance of the evidence that the exercise of discretionary authority was arbitrary, capricious, or discriminatory. (b) A property owners' association or other representative designated by an owner of real property may initiate, defend, or intervene in litigation or an administrative proceeding affecting the enforcement of a restrictive covenant or the protection, preservation, or operation of the property covered by the dedicatory instrument. (c) A court may assess civil damages for the violation of a restrictive covenant in an amount not to exceed $200 for each day of the violation.

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Full Breakdown

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.

Violations & Penalties

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.

Frequently Asked Questions

How does a Texas HOA enforce its covenants and architectural rules?

Through its recorded covenants under Chapter 202, but the procedure is set by Chapter 209. Before fining or suspending you, § 209.006 requires certified-mail notice describing the violation and a reasonable cure period for curable violations.

Can I challenge a Texas HOA covenant enforcement action?

Yes. You may request a board hearing under § 209.007 within 30 days of the enforcement notice. The association must hold it within 30 days, give 10 days' notice, and provide a packet of the documents it intends to use.

How are restrictive covenants interpreted in Texas?

Section 202.003 directs that a restrictive covenant 'shall be liberally construed to give effect to its purposes and intent,' so courts read covenants to carry out their evident purpose rather than narrowly against the association.

Sources

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