# Texas HOA Fines: Notice and Hearing Rights Before You Are Charged (2026) > Before a Texas property owners association can levy a fine, suspend your common-area access, sue you (other than to collect an assessment or foreclose), charge you for property damage, or report you to a credit reporting service, Property Code 209.006 requires written notice by certified mail. The notice has to describe the violation, give a reasonable period to cure it when the violation is curable and does not threaten health or safety, and tell you that you may request a hearing on or before the 30th day after the notice was mailed. If you cure in time, no fine. Under 209.007, the board must hold a requested hearing within 30 days and give you at least 10 days notice of it. For a buyer, the rules and minutes show whether the board follows this process or tries to skip it. _Source: https://hoanotes.com/hoa/texas/fines-and-enforcement/ | Last reviewed 2026-06-03_ ## What the law requires before a fine Texas Property Code 209.006 puts a notice step in front of most enforcement. Before it can fine you, suspend your common-area access, sue you other than to collect an assessment, charge you for property damage, or report you to a credit reporting service, the association has to send written notice by certified mail. The notice has to describe the violation, state that you have a reasonable period to cure it if the violation is curable and not a health or safety threat, and tell you that you can request a hearing on or before the 30th day after the notice was mailed. If you cure the violation before the deadline, the association cannot assess a fine for it. Section 209.007 covers the hearing. After you request one, the board has to hold it within 30 days and give you at least 10 days notice of the date, time, and place. The hearing is a chance to discuss the facts and try to settle the matter before any fine or suspension takes hold. ## Why a buyer should care This process protects you after you move in, but its bigger value to a buyer is what it reveals about the board. A rules document that lets the board fine 'immediately' or 'from the date of violation without notice' conflicts with 209.006, and a board that writes rules like that is telling you how it operates. The minutes show whether fines and hearings are handled by the book. ## What to check in the disclosure packet Read these together before you make an offer: - The fining policy and rules for 'immediate fines' or 'fines from the date of violation without notice,' which conflict with 209.006. - Whether the rules spell out a cure period and a hearing right, as the statute requires. - Recent board minutes for fines levied, hearings held, and disputes with owners. - The size of fines and how fast they escalate, which affects your risk if a violation ever comes up. ## Why this matters to your offer An aggressive enforcement culture is a governance signal, and a fining policy that ignores the notice and hearing steps can mean trouble for an owner who ever lands on the wrong side of it. An HOA Notes brief reads the rules, the fining policy, and the minutes together, flags enforcement provisions that conflict with the Property Code, and cites the page behind every finding. ## What the statute says **Texas Property Code section 209.006** (Pre-enforcement written notice). Before suspending an owner's common area access, filing suit against an owner (other than for assessments), charging an owner for property damage, or levying a fine for a violation, the association must first send the owner a written notice by verified mail describing the specific violation, any amount owed, the owner's right to a reasonable cure period, and the owner's right to request a hearing within 30 days; if the owner cures before the deadline, no fine may be assessed. The association may bypass this process only when seeking a temporary restraining order or injunctive relief, or when filing a suit that includes foreclosure; and may skip re-notification for the same or similar violation that was already noticed within the preceding six months. ## Texas HOA fines and enforcement: common questions ### Can a Texas HOA fine me without notice? No. Texas Property Code 209.006 requires written notice by certified mail, with a chance to cure a curable violation, before the association can levy a fine. ### Do I have a right to a hearing before a Texas HOA fine? Yes. Under 209.007 you can request a hearing, and the board must hold it within 30 days and give you at least 10 days notice of the date, time, and place. ### What happens if I fix the violation in time? If you cure a curable violation before the deadline in the notice, the association cannot assess a fine for it. ### The rules allow immediate fines. Is that valid? An 'immediate fine' or 'fine from the date of violation without notice' clause conflicts with 209.006, which requires notice and a cure period first. It also signals a document that does not track current law. ## Sources (verified 2026-06-03) 1. Texas Property Code section 209.006 (notice required before enforcement action), Texas Statutes, Texas Legislature. Verified 2026-06-03. https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm 2. Texas Property Code PROP section 209.006, FindLaw. Verified 2026-06-03. https://codes.findlaw.com/tx/property-code/prop-sect-209-006/ 3. Conducting a 209 Hearing, with notes on Section 209.007 procedure, Roberts Markel Weinberg Butler Hailey. Verified 2026-06-03. https://rmwbh.com/conducting-a-209-hearing-tips-for-virtual-hearings/ HOA Notes is not a law firm and this is not legal advice.