Can my HOA fine me without giving notice in Texas?

Short Answer

Generally no. Under Texas Property Code §209.006, an HOA must provide written notice of the violation with a reasonable time to cure before imposing a fine, and the owner must have the opportunity to appear before the board. However, §209.006(b) removes the cure-period requirement for violations that endanger the health or safety of residents, repeat violations of the same rule within the prior 12 months, and structural-integrity violations. A fine imposed without proper notice and process may be unenforceable.

Relevant Texas Law

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Tex. Prop. Code §209.006 — Requires written notice, a chance to cure certain violations, and hearing rights before many HOA fines or enforcement actions.
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Tex. Prop. Code §209.007 — Gives owners the right to request a hearing before the board.

What this means for homeowners

A Texas HOA fine without proper notice and process may be unenforceable. Know the required steps before paying.

Check whether you received a written notice identifying the specific violation
Verify the notice gave you a reasonable time to cure the violation
Confirm you had the opportunity to appear before the board if you contested the violation
Request a copy of the board's written decision
Contact your HOA board or management company to dispute an improper fine

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What this means for board members

Texas HOAs must follow the notice and cure process before imposing any fine. Skipping these steps makes the fine unenforceable.

✓ Send a written notice of violation identifying the specific rule violated
✓ Give the owner a reasonable opportunity to cure before assessing a fine
✓ Provide the owner an opportunity to appear before the board
✓ Document the notice, cure period, and board decision in writing
✓ Only assess a fine after the notice and hearing process is complete

Common Mistakes to Avoid

✕ Imposing a fine on the first violation notice without any cure period
✕ Not providing the owner an opportunity to appear before the board
✕ Continuing to fine after the violation has been cured