Texas HOA Laws 2026: §209.007 Hearing, No Fine Foreclosure
State Summary
Got a Texas HOA fine? §209.007 guarantees a hearing and §209.009 bars foreclosure for fine-only debt. Know your rights — free defense guide.
Governing Law: Texas Property Code Chapters 201-215 — Texas HOA Law
Researched by Brandon Sorensen
Texas HOA law is governed primarily by the Texas Property Code, Chapters 201-215, establishing one of the nation's most flexible but homeowner-protective regulatory frameworks. Unlike states with strict fine caps, Texas does not impose a statewide maximum fine amount — but imposes a "reasonableness" standard that has proven effective in limiting board overreach. Our Texas HOA fine limits guide breaks down what courts actually treat as reasonable.
Recent legislation refined two areas. House Bill 886 (2023), effective September 1, 2023, added a two-notice requirement before an HOA can file a lien for unpaid assessments (§209.0094). House Bill 614 (2023), effective January 1, 2024, requires any HOA that fines to adopt a written fine policy and schedule (§209.0061). For a plain-English rundown, see our guide to the new Texas HOA laws.
This guide covers everything you need to know about Texas HOA law: how to fight violations under §209.006–§209.007, the enforcement policy and fine schedule your HOA must adopt under §209.0061, and the limits on foreclosing for fine-only debt under §209.009. Texas also bars your HOA from retaliating against you for asserting these rights. Use the sections below to find the information most relevant to your situation.
Max Fine
No statewide cap
Aggregate Cap
Must be "reasonable"
Notice Period
Written notice required
Hearing
Yes — §209.007
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What's Covered in This Texas HOA Guide
Texas HOA Laws & Homeowner Rights
Details homeowner rights under Texas Property Code Chapters 201-215: record access under §209.005, 72-hour agenda posting for open meetings under §209.0051, and the activities your HOA cannot ban — solar devices (§202.010), religious door and doorframe displays (§202.018), xeriscaping (§202.007), and flags and political signs (§202.009, §202.012). Also covers board obligations, the §209.0063 payment-priority rule, and why Texas has no driveway-parking statute.
Read the full Texas HOA laws guide →Texas HOA Fine Limits & Lien Procedures
Explains why Texas sets no statewide fine cap and instead requires fines to be "reasonable" under §209.007, how courts weigh remediation cost and proportionality, and the §209.009 bar on foreclosing fine-only debt. Covers assessment liens versus fine-only liens, HB 886's two-notice rule (§209.0094), the §209.0061 fine schedule your HOA must publish, payment priority under §209.0063, and how Texas compares to Oklahoma, Louisiana, and Arkansas.
Read the full Texas HOA fine-limits guide →How to Fight an HOA Violation in Texas
Walk through the §209.006 notice-and-cure process, request a §209.007 hearing before the board in writing (generally within 30 days), and make the HOA produce its §209.0061 fine policy. Covers gathering records under §209.005, proving selective enforcement, testing a fine against the "reasonableness" standard, and why fine-only debt cannot be foreclosed under §209.009 — plus when to hire an attorney and where Texas complaints actually go.
Read the full Texas dispute guide →Frequently Asked Questions About Texas HOA Laws
Is there a maximum fine in Texas?
No statewide cap. Texas Property Code does not impose a dollar limit on HOA fines. However, §209.006 and §209.007 require fines to be "reasonable" under all circumstances, and many Texas courts have invalidated excessive fines under this standard. Your CC&Rs may contain specific fine amounts, which are enforceable if "reasonable."
What is HB 886 and how does it protect me?
HB 886 (effective September 1, 2023) added a two-notice requirement before an HOA can file a lien for unpaid ASSESSMENTS (regular dues). The association must send a first notice by first-class mail or email, then a second notice by certified mail at least 30 days later, and it cannot file the assessment lien until the 90th day after that second notice (Tex. Prop. Code §209.0094). It applies to assessment collection — not to fines for rule violations.
Does my Texas HOA have to hold a hearing before fining me?
Under §209.007, yes — but the requirement is less rigorous than in other states. The HOA must provide notice of the violation and an opportunity to be heard before imposing a fine. The hearing does not require an independent committee (unlike Florida), but must be fair and allow you to present evidence. Many boards delegate hearings to committees anyway for legal protection.
What does HB 614 do?
HB 614 (effective January 1, 2024) added Tex. Prop. Code §209.0061. Any HOA that levies fines must adopt and distribute an enforcement policy listing (1) the general categories of restrictive covenants for which it may impose fines and (2) a schedule of the fine amounts for each category, along with information about your right to a hearing under §209.007. If your HOA fined you without having adopted and provided this policy, that is a strong procedural challenge.
Texas Violation Guides by Category
Explore detailed guides for specific violation types, including your rights, sample response letters, and appeal strategies.
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Every state has different HOA rules. Compare Texas's with these high-traffic state guides, or see all 50 in the Max HOA Fine in Every State master table.
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Official Texas sources
Primary government sources, so you can read the law yourself rather than take our summary for it. Links checked 2026-08-12.
- Governing statute
- Texas Property Code Title 11, Chapter 209 — Texas Residential Property Owners Protection Act (official state site)
- State agency with HOA jurisdiction
- None. No Texas agency has jurisdiction over HOA disputes. Chapter 209 requires associations to file a management certificate with the Texas Real Estate Commission, but the statute says TREC "shall only collect the management certificate ... for the purpose of making the data accessible" — it does not investigate, enforce, or adjudicate owner complaints.
- Consumer protection
- Texas Attorney General consumer resourcesAttorneys General handle consumer fraud. They generally do not adjudicate HOA governance or fine disputes.