Texas Property Code 209.007: Owner Hearing Before the HOA Board Explained

Quick Answer

Texas Property Code § 209.007 gives an owner who is entitled to a chance to cure a violation the right to ask, in writing, for a hearing "before the board." The association must hold the hearing within 30 days after the board receives the request and give the owner at least 10 days' notice of the date, time and place. At least 10 days before the hearing it must give the owner a packet of every document, photograph and communication it plans to use, and if it does not, the owner gets an automatic 15-day postponement. SB 1588 added the packet and presentation-order rules effective September 1, 2021.

At a Glance

What the Law Says

The right to a hearing (§ 209.007(a))

"Except as provided by Subsection (d) and only if the owner is entitled to an opportunity to cure the violation, the owner has the right to submit a written request for a hearing to discuss and verify facts and resolve the matter in issue before the board."

The enrolled text of SB 1588 shows what changed. The former language, which allowed the hearing to be held before "a committee appointed by the board" (or before the board if it did not appoint a committee), was deleted, and the hearing is now "before the board." Subsection (b) was repealed by the same bill.

Timing and logistics (§ 209.007(c))

• "The association shall hold a hearing under this section not later than the 30th day after the date the board receives the owner's request for a hearing."
• The association must "notify the owner of the date, time, and place of the hearing not later than the 10th day before the date of the hearing."
• "The board or the owner may request a postponement, and, if requested, a postponement shall be granted for a period of not more than 10 days. Additional postponements may be granted by agreement of the parties."
• "The owner or the association may make an audio recording of the meeting."

Evidence packet (§ 209.007(f), (g))

"Not later than 10 days before the association holds a hearing under this section, the association shall provide to an owner a packet containing all documents, photographs, and communications relating to the matter the association intends to introduce at the hearing." If the association does not provide the packet in that period, "an owner is entitled to an automatic 15-day postponement of the hearing."

Conduct of the hearing (§ 209.007(h))

"During a hearing, a member of the board or the association's designated representative shall first present the association's case against the owner. An owner or the owner's designated representative is entitled to present the owner's information and issues relevant to the appeal or dispute."

Exceptions and alternatives (§ 209.007(d), (e))

• 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 a suit that includes foreclosure as a cause of action. If a suit is filed on a matter to which those sections apply, a party "may file a motion to compel mediation."
• They also do not apply to a temporary suspension of a person's right to use common areas if it results from a violation that occurred in a common area and involved "a significant and immediate risk of harm to others in the subdivision." That suspension is effective until the board makes a final determination after following § 209.007's procedures.
• "An owner or property owners' association may use alternative dispute resolution services" (§ 209.007(e)).

What This Means in Practice

For boards

The hearing is now a board proceeding with a disclosure obligation. Assemble the packet, including photographs and emails the association intends to use, before sending the hearing notice, and deliver both at least 10 days before the hearing. Prepare for the association to go first: a board member or designated representative presents the case, then the owner responds.

Notice math

Our arithmetic on a sample timeline: suppose the board receives the owner's hearing request on June 1. The hearing must be held by July 1 (the 30th day). Notice of the date, time and place and the evidence packet are each due at least 10 days before the hearing, so by June 21 if the hearing is July 1. If the packet goes out late, the owner is entitled to an automatic 15-day postponement, which would move a July 1 hearing to no earlier than July 16. A 10-day postponement requested by the board or owner would move it to July 11.

Open question: the statute does not say whether a postponement can carry the hearing past the 30th day after receipt of the request. Our reading is that postponements are expressly allowed and therefore are not violations, but the text does not say so directly. Confirm with counsel.

For owners

A hearing is available only through a written request, and only if you were entitled to an opportunity to cure. Submit the request within the 30 days in your § 209.006 notice. You may bring a designated representative, make an audio recording, and ask for the packet if it has not arrived. If you want to use the hearing to explain a cure plan, say so in the request.

What the section does not say

• It does not say who sits on the hearing panel beyond "the board," and does not set a quorum or voting rule. Check the bylaws.
• It does not set a burden of proof or require a written decision.
• It does not say whether the board may adjourn into closed executive session for a hearing. Section 209.0051(c) permits executive session for "enforcement actions," but § 209.0051(h) says the board may not consider or vote on fines, or on a suspension "before the owner has an opportunity to attend a board meeting to present the owner's position," unless done in an open meeting with notice. Open question: how these provisions fit together for a hearing. Confirm with counsel.
• Architectural-review denials follow a separate hearing process in § 209.00505 for associations of more than 40 lots. This page covers § 209.007 only.

Timeline

Related Texas Law

• § 209.006: the notice that triggers the hearing right
• SB 1588 (2021)
• HB 614: enforcement policy must include hearing information
• Chapter 209 overview
• Texas HOA laws complete guide

Board Checklist

• Log the date the board receives each hearing request and calendar the 30-day deadline.
• Send hearing notice (date, time, place) at least 10 days before the hearing.
• Assemble and deliver the evidence packet at least 10 days before the hearing, including photographs and communications.
• Hold the hearing before the board, not a committee.
• Plan for a board member or designated representative to present first.
• Allow the owner to present and to record audio, and offer mediation where appropriate.
• Do not vote on a fine in a closed session; confirm the open-meeting notice rules in § 209.0051.

Frequently Asked Questions

Who decides an HOA fine hearing in Texas?

The owner's hearing is "before the board," under § 209.007(a). SB 1588 removed the earlier language allowing the hearing before a committee, effective September 1, 2021.

How soon must the HOA hold the hearing?

Not later than the 30th day after the board receives the owner's request, under § 209.007(c). The association must tell the owner the date, time and place at least 10 days before the hearing.

What must the HOA give me before the hearing?

A packet with all documents, photographs and communications relating to the matter that the association intends to introduce, at least 10 days before the hearing (§ 209.007(f)).

What happens if the HOA does not send the packet on time?

You are entitled to an automatic 15-day postponement of the hearing (§ 209.007(g)).

Who presents first at the hearing?

A member of the board or the association's designated representative presents the association's case first, then the owner or the owner's designated representative may present (§ 209.007(h)).

Can I record the hearing?

Yes. Section 209.007(c) says the owner or the association may make an audio recording of the meeting.

Is a hearing available for every enforcement action?

Only if the owner is entitled to an opportunity to cure, and not where the association files suit for a temporary restraining order, temporary injunction or foreclosure, or in a temporary suspension after a violation in a common area that involved a significant and immediate risk of harm (§ 209.007(a), (d)).

Where This Comes From

We read the current text of § 209.007 and § 209.006 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, including the struck language in subsection (a). 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.