Texas HOA Fine Notice Response

Introduction

Key Things to Know

1. 1

   A Texas HOA fine notice response is the owner's letter to the board that does two jobs at once: it asks in writing for the hearing the Property Code allows, and it answers the violation on paper so the board has your side before it votes. Section 209.007(a) describes the hearing as one to discuss and verify facts and resolve the matter in issue before the board. The same letter is where you show a cure, question the amount, and say whether you will attend.

2. 2

   Find the start date for your community type before you write anything. For a property owners' association under Chapter 209, Section 209.006(b)(2)(B) counts the 30 days from the date the notice was mailed, so the postmark or certified-mail receipt matters, not the day you opened it. For a condominium under Chapter 82, Section 82.102(d)(2) counts from the date of the notice. Section 209.003(d) says Chapter 209 does not apply to a condominium, so the two rules do not mix.

3. 3

   Read the notice for its required parts. Under Section 209.006(b) a property owners' association notice must describe the violation and any amount due, tell you about a reasonable cure period for a curable violation that is not a threat to public health or safety, tell you about the 30-day hearing right, mention possible servicemember protections for an owner on active military duty, and specify the cure date. A condominium notice under Section 82.102(d) must describe the violation, state the amount of the proposed fine, state the 30-day hearing right, and allow a reasonable time to cure by a specified date.

4. 4

   Cure is a real defense in both chapters. Section 209.006(e) says that if you cure before the cure period expires, a fine may not be assessed for the violation. Section 209.006(i) lists a parking violation, a maintenance violation, building outside approved plans, and an ongoing noise violation such as a barking dog as curable; Section 209.006(h) lists fireworks and property damage, including removal of landscape, as uncurable. In a condominium, Section 82.102(d)(3) requires the cure date unless you had notice of a similar violation within the preceding 12 months.

5. 5

   The property owners' association hearing runs on statutory dates. Section 209.007(c) requires the hearing no later than the 30th day after the board receives your request and notice of its date, time and place at least 10 days before. Either side may get one postponement of up to 10 days and either may make an audio recording. Section 209.007(f) requires the association to give you, 10 days before the hearing, a packet of the documents, photographs and communications it intends to introduce; if it does not, Section 209.007(g) entitles you to an automatic 15-day postponement.

6. 6

   Neither chapter sets a dollar limit. Section 209.0061 requires a property owners' association board to adopt an enforcement policy with categories of covenants that may be fined, a schedule of fines for each category, and hearing information, and to post it online or send it to owners annually. Section 82.102(a)(12) lets a condominium association impose reasonable fines if notice and an opportunity to be heard are given under subsection (d). Ask for the schedule and compare the notice amount with it.

7. 7

   A fine alone cannot be the basis for a foreclosure. Section 209.009 says a property owners' association may not foreclose its assessment lien if the debt securing the lien consists solely of fines or attorney's fees tied solely to fines. For condominiums, Section 82.113(a) counts fines among the assessments secured by the association's lien unless the declaration provides otherwise, and Section 82.113(e) bars foreclosure of a lien for assessments consisting solely of fines. Chapter 209 itself does not say whether a fine attaches to the lien; attorney review is available as an option on that point.

Texas Requirements for HOA Fine Notice Response

• The Mailing Date or Notice Date That Starts Your 30 Days

  For a property owners' association, Section 209.006(b)(2)(B) counts 30 days from the date the notice was mailed. For a condominium, Section 82.102(d)(2) counts 30 days from the date of the notice. Write down both dates from the envelope and the letter, and send your hearing request before the earlier day 30.

• Which Chapter Governs Your Community

  Section 209.003(d) says Chapter 209 does not apply to a condominium. Condominiums with a declaration recorded on or after January 1, 1994 fall under Chapter 82 under Section 82.002(a). If your condominium's declaration predates 1994, Section 82.002(c) lists only some Chapter 82 sections as applying, and attorney review is available as an option.

• The Certified-Mail Notice and Its Required Contents

  Section 209.006(a) requires certified mail before a fine. Section 209.006(b) requires a description of the violation and any amount due, the cure period and cure date for a curable violation, the 30-day hearing right, and a note on servicemember protections. Check each item and name anything missing in your letter.

• Evidence That You Cured by the Date in the Notice

  Section 209.006(e) bars a fine when the owner cures before the cure period expires. Section 209.006(i) lists parking, maintenance, unapproved construction and ongoing noise as curable. Attach dated photographs, receipts or a contractor's invoice. A condominium notice must give a cure date under Section 82.102(d)(3) unless a similar violation was noticed within 12 months.

• The Association's Enforcement Policy and Fine Schedule

  Section 209.0061 requires the board to adopt an enforcement policy listing categories of covenants subject to fines, a schedule of fines for each category, and hearing information, and to post or send it annually. Neither chapter sets a dollar cap, so the schedule is the measure. A condominium may impose only reasonable fines under Section 82.102(a)(12).

• The Evidence Packet Due 10 Days Before the Hearing

  Section 209.007(f) requires the association to give you all documents, photographs and communications it intends to introduce at least 10 days before the hearing. If it does not, Section 209.007(g) gives you an automatic 15-day postponement. Note the date the packet arrives and invoke the postponement in writing if it was late.

• Your Representative and Your Audio Recording

  Section 209.007(h) has the association present its case first and lets the owner or the owner's designated representative present the owner's side. Section 209.007(c) allows either side to make an audio recording and allows one postponement of up to 10 days on request. Name your representative and say you will record.

• Proof That the Fine Is Disputed

  Section 209.0065(a) bars reporting fines that are the subject of a pending dispute to a credit reporting service. Section 209.009 bars foreclosure where the debt is solely fines, and Section 82.113(e) does the same for a condominium. Keep your dated letter and delivery receipt as the record that the fine is in dispute.