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Everything homeowners ask about HOA laws, fines, and dispute procedures in Texas — answered in plain English with real statute citations.
19 questions across 4 categories · Updated 2026-07-12
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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."
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.
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.
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.
Most common: (1) Inadequate notice of violation (missing details required by §209.006), (2) Insufficient cure period (less than a reasonable time to fix the violation under §209.006), (3) No hearing before fine imposed (violates §209.007), (4) Improper foreclosure (trying to foreclose over fine-only debt, which §209.009 bars, or filing an assessment lien without HB 886's two notices), (5) Selective enforcement (similar violations not fined). Any of these can invalidate the entire fine or lien.
Texas courts interpret "reasonable" to mean the fine must be proportionate to the violation severity and actual damages. A $1,000 fine for minor landscaping is likely unreasonable. Compare: What are fines for similar violations by other residents? What is actual cost to repair the damage? Is the fine so large it appears punitive rather than remedial? If the fine seems excessive relative to these factors, it likely fails the reasonableness test and is unenforceable.
No. Under Tex. Prop. Code §209.009, an HOA may not foreclose when the debt consists solely of fines (or fine-related attorney's fees). Foreclosure is available for unpaid regular ASSESSMENTS, and even then HB 886 requires a two-notice process before an assessment lien can be filed (§209.0094). If your HOA threatens foreclosure over fines alone, that is improper — challenge it.
For unpaid ASSESSMENTS, HB 886 (§209.0094) requires two notices before the HOA files a lien: a first notice by first-class mail or email, then a second notice by certified mail (return receipt requested) at least 30 days after the first. The association may not file the assessment lien until the 90th day after the second notice. This applies to assessment collection, not to disciplinary fines.
Request a hearing before the board under Tex. Prop. Code §209.007 within 30 days of the notice — you can do this by certified mail. At the hearing you can argue the violation was mischaracterized, didn't occur, or was selectively enforced, and §209.007 also allows alternative dispute resolution. Texas law does not require a separate statutory mediation step before foreclosure, so the §209.007 hearing is your main pre-fine procedural protection.
Chapters 201-215 of the Texas Property Code, with Chapter 209 being the most important for homeowner rights and enforcement. Key sections: §209.006 (notice before enforcement action), §209.007 (hearing before the board; ADR), §209.0061 (required fine policy and schedule, added by HB 614), §209.009 (foreclosure barred for fine-only debt), §209.005 (records), §209.0063 (priority of payments). Protected activities are mostly in Chapter 202 — §202.010 (solar), §202.009 (political signs), §202.012 (flags). HB 886 (2023) added a two-notice rule for unpaid-assessment liens (§209.0094).
No. Under §209.005, homeowners have a right to inspect and copy official HOA records within a reasonable timeframe (typically 10-14 days). The HOA can charge reasonable copying costs but cannot require you to state a proper purpose or charge research fees. If they wrongfully deny access, you can pursue legal action.
You have the right to attend all open board meetings. Under §209.0051, meetings require 72-hour advance notice with posted agenda. Regular meetings require 48 hours notice. You have the right to speak and present concerns to the board. Meetings must be recorded and minutes provided. Closed-door sessions are only allowed for attorney-client privileged discussions.
No. Under §202.010, HOAs cannot prohibit solar panel installation. They can require reasonable aesthetic standards (panels behind roof line if possible), but cannot ban them entirely or impose unreasonable fees. This is a statutory right that overrides CC&R restrictions.
HB 886 (§209.0094) applies to unpaid ASSESSMENTS: before filing an assessment lien, the HOA must send a first notice, then a second notice by certified mail at least 30 days later, and wait until the 90th day after the second notice. It does not apply to fines — and under §209.009, fine-only debt cannot be foreclosed at all.
A reasonable fine is proportionate to the violation severity and actual damages/remediation costs. It cannot be punitive or excessive. Texas courts consider: (1) What is actual cost to fix the violation? (2) Are similar violations fined similarly by other residents? (3) Is fine proportionate to severity? (4) Is fine clearly punitive rather than remedial? If a fine fails these tests, it is unreasonable and vulnerable to challenge (Texas's reasonableness limit comes from the governing documents and case law, not a fine cap in §209.007).
No. Under §209.009, an HOA cannot foreclose when the debt is solely fines (or fine-related attorney's fees). Foreclosure is available only for unpaid ASSESSMENTS (regular HOA fees), and even then HB 886 (§209.0094) requires a two-notice process before an assessment lien can be filed, plus a court order to foreclose.
Assessment liens are for unpaid regular HOA fees — these CAN be foreclosed (judicially), after HB 886's two-notice process. Fine-only liens are for disciplinary fines — under §209.009 these CANNOT be foreclosed at all. Your home is at risk only from unpaid assessments, not from fines.
Only for unpaid ASSESSMENTS, never for fines alone — §209.009 bars foreclosure on fine-only debt. For unpaid assessments, the HOA must follow HB 886's two-notice process (§209.0094) and obtain a court order (judicial foreclosure), which you have the right to defend against in court.
Texas law does not require an HOA to complete mediation or a "dispute resolution" process before acting, so there is no mandatory mediation step that automatically pauses foreclosure. Your statutory protection is the §209.007 hearing before the board, which can include voluntary alternative dispute resolution by agreement. And remember: under §209.009, fine-only debt cannot be foreclosed at all.
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