Does my HOA need a published fine schedule in Texas?
Reviewed May 2026📘 Short Answer
Yes. Texas Property Code §209.0061 requires a Chapter 209 HOA to adopt a written enforcement policy that includes a schedule of fines for violations. Before a fine may be imposed, the HOA generally must provide written notice and an opportunity to cure under §209.006. Fines imposed outside the adopted policy or fine schedule may be challenged as 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 §209.0061 — Requires Texas HOAs to adopt a written enforcement policy that includes a fine schedule.
- § 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
If your HOA never published a fine schedule and the fine amount isn't in your governing documents, you have grounds to challenge the fine.
- ✓ Request a copy of the HOA's enforcement policy or fine schedule
- ✓ Check your deed restrictions and bylaws for the fine amounts authorized
- ✓ If no fine schedule exists, raise this at your board hearing
- ✓ Ask the board to cite the specific document provision authorizing the fine amount
- ✓ Consult a Texas real estate attorney if the HOA cannot show a basis for the fine amount
Is my HOA fine on the official fine schedule?
Ask Lexi about your violation or fine🏢 What This Means for Boards and Managers
Adopt a written enforcement policy specifying fine amounts before imposing fines. Consistency prevents discrimination claims.
- ✓ Adopt a written fine schedule or enforcement policy by board resolution
- ✓ Distribute the fine schedule to all members
- ✓ Apply fine amounts consistently across all members for the same violations
- ✓ Update the fine schedule by board resolution when amounts change
- ✓ Reference the fine schedule in every violation notice
⚠️ Common Mistakes to Avoid
- ✕ Imposing fines at amounts not in any adopted policy or governing document
- ✕ Applying different fine amounts to different members for the same violation
- ✕ Not distributing the fine schedule to all members
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Last reviewed: 2026-05-09 · Version 2026.2