Can my HOA fine me without giving notice in Texas?
Reviewed July 2026📘 Short Answer
Generally no. Before levying a fine, a Chapter 209 property owners' association generally must give written notice by certified mail, sent as verified mail to the owner's last known address shown on association records, describing the violation and any amount due. If the violation is curable and does not pose a threat to public health or safety, the notice must give a reasonable period to cure and avoid the fine. A cure period is not required if the violation poses a threat to public health or safety, and the entire notice requirement does not apply to a violation for which the owner already received §209.006 notice and an opportunity to exercise those rights within the preceding six months (§209.006(d)). A fine imposed without the required notice may be unenforceable. 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 §209.007 — Gives owners who are entitled to cure the violation the right to request a hearing before the board — with exceptions for TRO/injunction/foreclosure suits and certain emergency common-area suspensions (§209.007(d)).
- § Tex. Prop. Code §209.0061 — Requires an HOA that levies fines to adopt and distribute a written enforcement policy, including a fine schedule — a fine must also be authorized by this policy to be valid.
🏠 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 whether you were entitled to a hearing before the board — only available if you had a right to cure the violation (§209.007(a))
- ✓ Request a copy of the board's written decision
- ✓ Verify the notice identified the specific restriction, covenant, or rule allegedly violated
- ✓ Contact your HOA board or management company to dispute an improper fine
Was your Texas HOA fine legally valid?
Ask Lexi about your violation or fine🏢 What This Means for Boards and Managers
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 when the owner is entitled to a hearing under §209.007(a) (i.e., when the owner has cure rights)
- ✓ Document the notice, cure period, and board decision in writing
- ✓ Confirm whether the health/safety exception (§209.006(f)) or the six-month exception (§209.006(d)) applies to that violation before assuming a cure period and hearing are required
- ✓ 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
- ✕ Assuming every violation gets a cure period and a board hearing — the health/safety and six-month exceptions can eliminate them for that violation
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Last reviewed: 2026-07-04 · Version 2026.3