Can my HOA impose daily fines for ongoing violations in Texas?
Reviewed May 2026📘 Short Answer
Yes, Texas HOAs can impose daily fines for ongoing violations if the governing documents specifically authorize daily fines and the HOA follows the notice and hearing process under Texas Property Code §209.006. Chapter 209 does not set a dollar cap on fines; the amount and any limit come from the governing documents. Condominiums are excluded from Chapter 209 and may be governed by Chapter 82 or, for some older regimes, Chapter 81.
Have a fine or hearing notice related to this question?Review an HOA notice or letter and see issues you may want to check.
⚖️ Relevant Texas Law
- § Tex. Prop. Code §209.006 — Requires written notice, a chance to cure certain violations, and hearing rights before many HOA fines or enforcement actions.
- § Tex. Prop. Code §202.004 — Governs enforcement of deed restrictions and prohibits arbitrary or discriminatory enforcement actions.
🏠 What This Means for Homeowners
Daily fines can accumulate quickly. Check your governing documents to know the per-day rate and whether there is a cap. Address violations promptly to stop the accumulation.
- ✓ Review the governing documents for the per-day fine rate and any cap
- ✓ Correct the violation as quickly as possible to stop fines from accruing
- ✓ Request an itemized fine statement to verify the daily rate being charged
- ✓ If no per-day rate is in the documents, challenge the basis for daily accumulation
- ✓ Attend the board hearing to request a reduced fine given your cure efforts
Find out how much your Texas HOA daily fines can legally accumulate
Ask Lexi about your violation or fine🏢 What This Means for Boards and Managers
Daily fines must be authorized in the governing documents and must not be unconscionable. Document each day of continued violation.
- ✓ Confirm the per-day fine rate is specified in the CC&Rs or adopted enforcement policy
- ✓ Follow the full notice and hearing process before daily fines begin
- ✓ Document each day of continued violation with dated inspections
- ✓ Consider whether the cumulative fine is proportionate to the violation
- ✓ Stop accruing daily fines once the violation is cured
⚠️ Common Mistakes to Avoid
- ✕ Imposing daily fines without a per-day rate specified in the governing documents
- ✕ Continuing daily fines after the violation is cured
- ✕ Not stopping the fine clock on the date the correction is made
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Last reviewed: 2026-05-09 · Version 2026.2