Can Your HOA Fine You Without a Hearing in Texas?

You open your mailbox and find a letter from your HOA: you've been fined $200 for a "violation." Maybe it's a parking issue, an unapproved paint color, or a patch of brown grass. No one called you, no one knocked on your door, and this is the first you're hearing about it. You're wondering — can they just do that?

In most cases, no. Texas law requires your HOA to give you written notice of the alleged violation and offer you the opportunity to request a hearing before levying a fine. If your HOA skipped those steps, the fine may not be enforceable.

The Notice Requirement Before Any Fine

Texas Property Code § 209.006(a) sets out a clear prerequisite: before a property owners' association may levy a fine for a violation of restrictions, bylaws, or rules, the association or its agent must give the owner written notice by verified mail.

That notice isn't just a formality. Under § 209.006(b), it must describe the violation that is the basis for the fine, state any amount due, inform you that you're entitled to a reasonable period to cure the violation (if the violation is curable and doesn't pose a threat to public health or safety), inform you that you may request a hearing on or before the 30th day after the notice was mailed, and note that you may have special rights under federal law if you're serving on active military duty. The notice must also specify the date by which you must cure the violation, and that date must allow a reasonable period for cure.

If the violation is curable — like a parking issue, a maintenance problem, or an unapproved modification — and you fix it before the deadline, the HOA cannot assess a fine. That's explicit under § 209.006(e).

Your Right to a Hearing

Section 209.007(a) gives you the right to submit a written request for a hearing to discuss and verify the facts and resolve the matter before the board (so long as the violation is curable). You have 30 days from the date the notice was mailed to request this hearing.

Once you request a hearing, the HOA must hold it within 30 days and give you at least 10 days' notice of the date, time, and place, per § 209.007(c). Either side can request a postponement of up to 10 additional days, and further postponements can be granted by agreement.

The hearing process has real teeth. Under § 209.007(f), the HOA must provide you with a packet containing all documents, photographs, and communications relating to the matter at least 10 days before the hearing. If the association fails to provide this packet on time, you're entitled to an automatic 15-day postponement under § 209.007(g).

During the hearing itself, the association must present its case first. Then you — or your designated representative — get the opportunity to present your information and issues, per § 209.007(h). You or the association may also make an audio recording of the meeting.

When the Notice and Hearing Requirement Doesn't Apply

There is an exception. Under § 209.006(d), the notice and hearing requirements don't apply to a violation for which the owner has been previously given notice under this section and had the opportunity to exercise these rights within the preceding six months. In other words, if you were notified about the same violation less than six months ago and already had your chance to cure and request a hearing, the HOA can move forward without repeating the full process.

The notice and hearing requirements also don't apply when the HOA files suit seeking a temporary restraining order or temporary injunctive relief, or when there's a temporary suspension of your right to use common areas resulting from a violation that occurred in a common area and involved a significant and immediate risk of harm to others, per § 209.007(d).

Your HOA Must Have a Written Fining Policy

As of 2024, Texas Property Code § 209.0061 requires HOA boards (where the dedicatory instrument authorizes fines) to adopt a formal enforcement policy. That policy must include general categories of violations for which fines may be assessed, a schedule of fines for each category, and information about the hearing process under § 209.007.

The HOA must make this policy available to all owners — either by posting it on the association's website or by sending a copy annually. It must also be posted on any publicly accessible website the association maintains. If your HOA doesn't have a published fining policy or hasn't shared it with you, that's another procedural failure you can raise in a dispute.

Fines Have Limits on What They Can Do to You

Even when a fine is properly assessed, Texas law limits the consequences. Under § 209.009, an HOA may not foreclose its assessment lien if the debt securing the lien consists solely of fines, or attorney's fees incurred solely in connection with fines. That means your HOA cannot take your home over unpaid fines alone.

Under § 209.0063, when the HOA applies your payments, fines are near the bottom of the priority list — below delinquent assessments, current assessments, and reasonable attorney's fees related to assessments. Fines only get applied after those other amounts are satisfied.

And under § 209.0065, an HOA may not report delinquent fines to a credit reporting service if those fines are the subject of a pending dispute between you and the association. If they do intend to report your payment history, they must send a detailed report of all delinquent charges at least 30 business days in advance and give you the opportunity to enter a payment plan.

How the Discretionary Authority Standard Works

It's worth understanding the legal standard courts use when evaluating HOA enforcement decisions. Under Texas Property Code § 202.004(a), an exercise of discretionary authority by a property owners' association concerning a restrictive covenant is presumed reasonable — unless a court determines by a preponderance of the evidence that the exercise was arbitrary, capricious, or discriminatory.

That means courts generally defer to HOA boards. But that presumption only holds when the HOA follows the rules. If the association skipped the notice requirement, denied you a hearing, or assessed a fine without a published policy, you have strong grounds to argue the action was procedurally defective — regardless of whether the underlying violation occurred.

What to Do If Your HOA Fined You Without Proper Process

Start by reviewing the notice you received (or didn't receive). Was it sent by verified mail? Did it describe the specific violation? Did it give you a deadline to cure and inform you of your right to a hearing? Compare what happened against the checklist in § 209.006.

If the HOA skipped any of these steps, request a hearing in writing. Even if the 30-day window referenced in the statute has passed, documenting the procedural failure puts you in a stronger position to dispute the fine.

Gather your evidence: photos of the alleged violation (or lack thereof), the HOA's governing documents, any correspondence, and the association's fining policy (if one exists). If the HOA doesn't have a published fining policy as required by § 209.0061, note that as well.

A formal dispute letter that walks through the procedural defects and cites the applicable Property Code sections signals to the HOA board that contesting this fine is going to cost them more than it's worth.

Our HOA Fine Dispute service includes a review of your HOA's governing documents and the fine at issue, a dispute letter citing the relevant Texas Property Code requirements, and a clear strategy for next steps, including alternative dispute resolution options under § 209.007(e) if needed. Click here to learn more about how it works →