Texas Property Code 209.006: Notice Required Before Fines and Enforcement

Quick Answer

Texas Property Code § 209.006 requires a property owners' association to send the owner written notice by certified mail before it suspends common-area use, levies a fine, charges for property damage, files most lawsuits, or reports a delinquency to a credit reporting service. The notice must describe the violation, state any amount owed, offer a reasonable cure period for curable violations, and tell the owner he or she may ask for a hearing within 30 days. If the owner cures in time, "a fine may not be assessed." The credit-reporting trigger was added by SB 1588, effective September 1, 2021.

At a Glance

What the Law Says

When notice is required (§ 209.006(a))

"Before a property owners' association may suspend an owner's right to use a common area, file a suit against an owner other than a suit to collect a regular or special assessment or foreclose under an association's lien, charge an owner for property damage, levy a fine for a violation of the restrictions or bylaws or rules of the association, or report any delinquency of an owner to a credit reporting service, the association or its agent must give written notice to the owner by certified mail."

SB 1588 added "or report any delinquency of an owner to a credit reporting service" to this list, effective September 1, 2021. The enrolled bill shows it as inserted text in subsection (a). See SB 1588.

What the notice must contain (§ 209.006(b))

• A description of "the violation or property damage that is the basis for the suspension action, charge, or fine," and any amount due the association from the owner.
• Except as subsection (d) provides, a statement that the owner (A) "is entitled to a reasonable period to cure the violation and avoid the fine or suspension if the violation is of a curable nature and does not pose a threat to public health or safety"; (B) "may request a hearing under Section 209.007 on or before the 30th day after the date the notice was mailed to the owner"; and (C) may have special rights or relief under federal law, including the Servicemembers Civil Relief Act, if serving on active military duty.
• The date by which the owner must cure, if the violation is curable and not a health or safety threat.
• Delivery "by verified mail to the owner at the owner's last known address as shown on the association records."

Cure period and its limits (§ 209.006(c) through (i))

• The cure date "must provide a reasonable period to cure." The statute does not set a number of days.
• If the owner cures before the cure period expires, "a fine may not be assessed for the violation" (§ 209.006(e)).
• Subsections (a) and (b) "do not apply to a violation for which the owner has been previously given notice under this section and the opportunity to exercise any rights available under this section in the preceding six months" (§ 209.006(d)).
• A violation is a threat to public health or safety "if the violation could materially affect the physical health or safety of an ordinary resident" (§ 209.006(f)).
• A violation is uncurable "if the violation has occurred but is not a continuous action or a condition capable of being remedied by affirmative action," and "the nonrepetition of a one-time violation or other violation that is not ongoing is not considered an adequate remedy" (§ 209.006(g)).

Section 209.006(h) gives examples of uncurable acts: shooting fireworks, an act constituting a threat to health or safety, a noise violation that is not ongoing, property damage including the removal or alteration of landscape, and holding a garage sale or other event prohibited by a dedicatory instrument. Section 209.006(i) gives examples of curable acts: a parking violation, a maintenance violation, failing to construct improvements in accordance with approved plans, and an ongoing noise violation such as a barking dog.

Where notice and hearing do not apply (§ 209.007(d))

Section 209.007(d) says the notice and hearing provisions of §§ 209.006 and 209.007 "do not apply if the association files a suit seeking a temporary restraining order or temporary injunctive relief or files a suit that includes foreclosure as a cause of action." They also do not apply to a temporary suspension of common-area use resulting from a violation in a common area that "involved a significant and immediate risk of harm to others in the subdivision." That suspension lasts until the board makes a final determination after following the procedures in § 209.007.

What This Means in Practice

For boards

Treat the notice as a checklist. Before a fine letter goes out, confirm it describes the violation specifically, states any amount owed, lists the three owner rights in (b)(2), states a cure date (or explains why the violation is uncurable or a safety threat), and goes by certified mail to the last address in the association's records. Keep the mailing receipt.

Our reading: because (b)(1) ties the notice to "the suspension action, charge, or fine," a notice that names only a violation and not the action the association intends to take may be incomplete. Say what is proposed.

Notice math

The 30-day hearing request window runs from the date the notice was mailed, not the date it was received. A notice mailed March 1 gives the owner through March 31 to request a hearing. The cure date is separate and must be "reasonable." Because the statute says nothing about days, boards should set the period by the nature of the violation, document the reasoning, and note that a barking dog or a parking violation (curable by affirmative action) differs from a past one-time event.

Section 209.007(c) then requires the hearing within 30 days after the board receives the owner's request, with notice of the date, time and place at least 10 days beforehand. See § 209.007.

For owners

Read the notice for the cure date and the hearing deadline, and act on both. If you cure by the stated date, the statute says no fine may be assessed for that violation. A written hearing request must be submitted; § 209.007(a) says the owner has the right "to submit a written request for a hearing."

What the section does not say, and open questions

• It does not set a minimum cure period or fine amount. Fine schedules are governed by the association's enforcement policy under § 209.0061 (see HB 614) and its dedicatory instruments.
• Open question: subsection (a) says "certified mail" while (b)(4) says "verified mail." Our reading is that sending by certified mail, return receipt requested, with the receipt retained, is the safe course. Confirm with counsel.
• The notice requirement does not apply to a suit to collect an assessment or foreclose under the lien. Collection steps have their own notice rules: see HB 886 and § 209.0064.
• Open question: whether a board may ever treat a repeated violation as exempt under subsection (d) depends on whether the earlier notice and opportunity to exercise rights fully complied with the section. Confirm with counsel.

Timeline

Related Texas Law

• § 209.007: hearing before the board
• Chapter 209 overview
• HB 614: fine schedule and enforcement policy
• §§ 209.0064 and 209.0065: collections and credit reporting
• § 209.0063: payment priority
• Texas HOA laws complete guide

Board Checklist

• Use a written notice template that tracks § 209.006(b) item by item.
• State the specific violation, the proposed action (fine, suspension or charge) and any amount owed.
• Include the cure date, or state why the violation is a health or safety threat or is uncurable.
• Tell the owner of the 30-day right to request a hearing and the Servicemembers Civil Relief Act statement.
• Send by certified mail to the last known address in the association's records and keep the receipt.
• Do not assess a fine if the owner cures within the stated period.
• Send the notice before any credit report of a delinquency.
• Calendar the hearing deadlines: 30 days from the board's receipt of the request, and 10 days' notice to the owner.

Frequently Asked Questions

Does an HOA have to give notice before fining me in Texas?

Yes. Section 209.006(a) requires written notice by certified mail before an association levies a fine for a violation of the restrictions, bylaws or rules, subject to the exceptions in subsection (d) and § 209.007(d).

How long do I have to request a hearing?

On or before the 30th day after the date the notice was mailed to you, under § 209.006(b)(2)(B). The request must be in writing (§ 209.007(a)).

Does the HOA have to give me time to fix the violation?

For a curable violation that does not threaten public health or safety, yes, "a reasonable period to cure." The statute does not set a number of days. If you cure within that period, a fine may not be assessed (§ 209.006(e)).

What counts as an uncurable violation?

One that "has occurred but is not a continuous action or a condition capable of being remedied by affirmative action" (§ 209.006(g)). The statute's examples include shooting fireworks, property damage including removal or alteration of landscape, and holding a prohibited garage sale or event. Curable examples include parking and maintenance violations.

Does the notice rule apply to unpaid assessments?

Not to a suit to collect an assessment or foreclose under the lien (§ 209.006(a)). Assessment collection has other notice rules, such as the two delinquency notices before lien filing in § 209.0094. Reporting an owner's delinquency to a credit reporting service does require § 209.006 notice.

Can the HOA fine me again for the same violation without a new notice?

Subsections (a) and (b) do not apply to a violation for which you were given notice and the opportunity to exercise your rights in the preceding six months (§ 209.006(d)).

What if I am on active military duty?

The notice must tell you that you may have special rights or relief under federal law, including the Servicemembers Civil Relief Act (§ 209.006(b)(2)(C)).

Where This Comes From

We read the current text of § 209.006 and § 209.007 as compiled in the 2025 Texas Statutes (Justia mirror of the Texas Property Code) and the enrolled text of SB 1588 (87th Legislature) on capitol.texas.gov. The official statute site is at statutes.capitol.texas.gov.

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Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed Texas attorney before acting.