Texas HOA Laws: What are Homeowners Rights?
Texas HOA laws codify resolutions to handle conflicts between homeowners associations and property owners. Before any HOA action, a homeowner must receive proper and timely notice. Homeowners have the right to present their concerns in a hearing before the board.
Sec. 209.006. NOTICE REQUIRED BEFORE ENFORCEMENT ACTION
Before a property owners' association may suspend an owner's right to use a common area, file a suit against an owner other than a suit to collect a regular or special assessment or foreclose under an association's lien, charge an owner for property damage, or 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 or property damage that is the basis for the suspension action, charge, or fine and state any amount due the association from the owner; and
- inform the owner that the owner:
- is entitled to a reasonable period to cure the violation and avoid the fine or suspension unless the owner was given notice and a reasonable opportunity to cure a similar violation within the preceding six months; and
- may request a hearing under Section 209.007 on or before the 30th day after the date the owner receives the notice.
Sec. 209.007. HEARING BEFORE BOARD; ALTERNATIVE DISPUTE RESOLUTION.
If the owner is entitled to an opportunity to cure the violation, the owner has the right to submit a written request for a hearing to discuss and verify facts and resolve the matter in issue before a committee appointed by the board of the property owners' association or before the board if the board does not appoint a committee.
If a hearing is to be held before a committee, the notice prescribed by Section 209.006 must state that the owner has the right to appeal the committee's decision to the board by written notice to the board.
The association shall hold a hearing under this section not later than the 30th day after the date the board receives the owner's request for a hearing and shall notify the owner of the date, time, and place of the hearing not later than the 10th day before the date of the hearing. The board or the owner may request a postponement, and, if requested, a postponement shall be granted for a period of not more than 10 days.
The notice and hearing provisions of Section 209.006 and this section do not apply if the association files a suit seeking a temporary restraining order or temporary injunctive relief or files a suit that includes foreclosure as a cause of action. If a suit is filed relating to a matter to which those sections apply, a party to the suit may file a motion to compel mediation. The notice and hearing provisions of Section 209.006 and this section do not apply to a temporary suspension of a person's right to use common areas if the temporary suspension is the result of a violation that occurred in a common area and involved a significant and immediate risk of harm to others in the subdivision.
An owner or property owners' association may use alternative dispute resolution services.
Talk to an Attorney
If you are a Texas homeowner with concerns regarding association issues, you have certain rights under Texas HOA laws. Among your rights is the right to receive timely notice regarding any restrictions to a common area. Upon your request for a hearing, the board must respond with 30 days. You also have the right to mediation or alternative resolution services. Talk with an experienced HOA attorney to discuss your case.