How to Dispute an HOA Violation in Texas

HOA Law in Texas

Texas provides strong HOA protections through Chapter 209 of the Texas Property Code, known as the Texas Residential Property Owners Protection Act. The Texas Legislature has been actively strengthening homeowner rights in recent years, responding to widespread concerns about HOA overreach. Texas law now provides some of the most detailed procedural protections in the country for homeowners facing covenant violations.

Under §209.006, an HOA must send a written violation notice by certified mail that describes the specific violation, identifies the provision of the governing documents being violated, and gives the homeowner at least 30 days to cure the condition before any fine can be imposed. If the violation is not cured, §209.007 entitles the homeowner to a hearing before the board where they can present evidence, cross-examine witnesses, and be represented by an attorney. The hearing must be held in executive session if the homeowner requests it.

Texas law provides specific protections that override CC&Rs in several important areas: homeowners cannot be prohibited from displaying the American flag (§202.011), installing solar panels (§202.010), using drought-resistant landscaping (§202.007), harvesting rainwater, or composting. Recent legislation has also restricted the ability of HOAs to foreclose on homes for unpaid assessments alone. If your Texas HOA is not following the mandatory procedures in Chapter 209, any resulting fine or enforcement action may be invalid.