Texas HOA Questions & Answers
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 2026-03-25
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General HOA Questions
Full Guide →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) reformed the foreclosure process by requiring TWO separate violation notices (not one) before an HOA can file a lien, and mandates a 90-day waiting period after the second notice before foreclosure can be initiated. This provides homeowners significant time to cure violations, negotiate, or pursue dispute resolution before losing their property.
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) enhanced homeowner protections by requiring board member training, establishing mandatory dispute resolution procedures, clarifying record access rights, and creating a detailed framework for architectural review and enforcement. It also prohibits certain covenants (e.g., age restrictions) and provides stronger enforcement of homeowner rights.
Fighting HOA Violations
Full Guide →What are the most common procedural failures in Texas HOA violations?
Most common: (1) Inadequate notice of violation (missing details required by §209.006), (2) Insufficient cure period (less than 30 days for architectural, less than reasonable time for others), (3) No hearing before fine imposed (violates §209.007), (4) HB 886 violation (attempting foreclosure without two separate notices or before 90-day waiting period), (5) Selective enforcement (similar violations not fined). Any of these can invalidate the entire fine or lien.
What does "reasonable" fine mean in Texas?
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.
Can my Texas HOA foreclose without giving me 90 days notice after the second violation notice?
No. HB 886 requires the HOA to wait 90 days minimum after the second violation notice before filing a lien or foreclosure action. If they attempt to foreclose sooner, the lien is invalid. You can also cure the violation at any time during the 90-day period and stop foreclosure. If your HOA skipped this requirement, immediately challenge it with a lawyer.
What is the difference between the first and second notice under HB 886?
First notice: Written notice of violation with description, rule violated, and opportunity to cure. Second notice: Sent if first notice violation not cured, stating that foreclosure will follow if not corrected. Only after the second notice does the mandatory 90-day waiting period begin. HB 886 requires both notices before foreclosure can be filed.
Can I dispute the violation during the HB 614 dispute resolution process?
Yes. HB 614 requires good faith dispute resolution before foreclosure, and this process can address the core question: Did the violation actually occur? During negotiation and mediation, you can argue the violation was mischaracterized, didn't actually occur, or was selectively enforced. This gives you 60+ days to resolve the dispute without foreclosure proceeding.
HOA Laws & Statutes
Full Guide →What are the main Texas Property Code chapters governing HOAs?
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/cure), §209.007 (hearing), §209.009 (foreclosure), §209.012 (records), §209.00505 (protected activities/payment priority), §209.016 (solar panels). Recent amendments by HB 886 and HB 614 have strengthened these protections.
Can my Texas HOA deny me access to records?
No. Under §209.012, 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.
What rights do I have to attend HOA meetings in Texas?
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.
Can my Texas HOA prohibit solar panels?
No. Under §209.016, 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.
What is the effect of HB 886 on foreclosure timelines?
HB 886 dramatically extends the timeline before foreclosure can occur. First notice, then cure period, then second notice, then mandatory 90-day waiting period before lien can be filed. From first notice to possible foreclosure can take 4-6+ months, giving homeowners substantial time to cure, negotiate, or pursue dispute resolution. It effectively prevents rushed foreclosures.
Fine Limits & Penalties
Full Guide →What does "reasonable" fine mean in Texas property law?
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 fine fails these tests, it is unreasonable and likely unenforceable under §209.007.
Can my Texas HOA foreclose a lien for fines (not assessments)?
With significant restrictions under HB 886. Fines for violations can only be foreclosed if: (1) Two separate violation notices were sent, (2) 90-day mandatory waiting period occurred after second notice, (3) Violation remained uncured throughout period, (4) Lien was properly recorded, (5) Dispute resolution was attempted per HB 614. If any step was skipped, foreclosure for fines is invalid. Foreclosure for unpaid ASSESSMENTS (regular HOA fees) is allowed and easier.
What is the difference between an assessment lien and a fine-only lien in Texas?
Assessment liens: For regular HOA fees/assessments (mandatory monthly/annual payments). These CAN be foreclosed with fewer restrictions. Fine-only liens: For disciplinary fines. These have severely restricted foreclosure rights under HB 886 and require strict compliance with two-notice, 90-day wait, and dispute resolution procedures. Your home is more at risk from unpaid assessments than fines.
Does HB 886 completely prevent HOA foreclosure?
No. HB 886 does not prevent foreclosure; it requires strict procedures. HOAs can still foreclose fines (under strict conditions), and they can foreclose unpaid assessments. HB 886 requires: (1) Two written notices of violation, (2) 90-day minimum waiting period after second notice, (3) Right to cure during 90 days. If HOA follows all steps, foreclosure is allowed. If steps are skipped, foreclosure is invalid.
Can I request mediation to stop foreclosure in Texas?
Yes. HB 614 requires the HOA to attempt dispute resolution and mediation before proceeding with foreclosure. You can request this at any time. The process takes 60-105 days (HOA review + mediation), during which foreclosure is delayed. Many disputes settle during this process. The HOA must certify that dispute resolution was attempted before filing foreclosure, making this a valuable protection.
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