Does my HOA need a published fine schedule in Texas?
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.
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 the AI assistantWhat this means for board members
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
People Also Ask
Can a Texas HOA change its fine amounts without a member vote?
Generally yes — the board can adopt or amend an enforcement policy by board resolution unless the governing documents require a member vote for rule changes. Check your bylaws.
What is the maximum HOA fine in Texas?
Texas law does not set a maximum HOA fine. The fine must be authorized by the governing documents, reasonable, and not unconscionable. Courts have voided HOA fines found to be arbitrary or disproportionate.
Related Questions
This topic is covered in detail in: → HOA Fines Guide
Last reviewed: 2026-05-09 · Version 2026.2