Texas HOA Fines: Notice & Hearing Required

Section 209.006 provides that before an association may 'levy a fine for a violation of the restrictions or bylaws or rules of the association, the association or its agent must give written notice to the owner by certified mail, return receipt requested.' The notice must describe the violation and, for curable violations not threatening health or safety, give a reasonable period to cure and avoid the fine. The owner 'may request a hearing under Section 209.007 on or before the 30th day after the date the owner receives the notice.' Section 209.0061 requires a written enforcement policy listing the categories of covenants for which fines may be assessed and 'a schedule of fines for each category of violation.' No section in Chapter 209 sets a maximum fine amount.

No statutory dollar cap on fine amounts. A fine levied without the required certified-mail notice, cure opportunity, or hearing right is improperly assessed and can be challenged. Fines must follow the association's published schedule of fines under § 209.0061, though the board may reserve authority to vary a fine case-by-case.