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How do I dispute an HOA assessment or fine in Texas?

Federal & State Law Editorial TeamLast reviewed: 2026-05-18

Texas HOA law was substantially reformed in 2011 and again in 2021 to protect homeowners from aggressive collection and selective enforcement.

1. Governing Statute

  • Single-family subdivisions: Texas Residential Property Owners Protection Act, Tex. Prop. Code Ch. 209.
  • Condominiums created after Jan. 1, 1994: Texas Uniform Condominium Act, Tex. Prop. Code Ch. 82 (a UCIOA derivative).
  • Older condos: Texas Condominium Act, Tex. Prop. Code Ch. 81.
  • Mandatory open-records and director election rules are in §§ 209.0051-.00592.

    • 2. CC&Rs and Dedicatory Instruments

    "Dedicatory instruments" — CC&Rs, bylaws, rules — must be recorded in the county real property records to be enforceable (§ 202.006). Restrictions are construed liberally to give effect to purpose (§ 202.003).

    3. Common Disputes

    Flag display (§ 202.011 protects U.S., state, military service flags), religious displays (§ 202.018), solar panels (§ 202.010), rain barrels and xeriscaping (§ 202.007), short-term rentals (Tarr v. Timberwood Park Owners Ass'n, 556 S.W.3d 274), and political signs (§ 202.009).

    4. Internal Dispute Resolution & Notice

    Before levying a fine, suspending privileges, or filing suit, the HOA must give written notice via certified mail describing the violation, the amount due, and a reasonable period (at least 30 days) to cure (§ 209.006). The owner has the right to a hearing before the board (§ 209.007), and the board must hold the hearing within a reasonable time.

    5. Alternative Dispute Resolution

    Chapter 209 does not mandate ADR, but most CC&Rs require pre-suit mediation. The Texas Alternative Dispute Resolution Procedures Act (Tex. Civ. Prac. & Rem. Code Ch. 154) permits courts to order mediation. The HOA must offer a payment plan of at least three months for delinquent assessments (§ 209.0062).

    6. Lien & Foreclosure

    HOAs have an automatic lien for unpaid assessments under most CC&Rs and § 82.113 (condos). For single-family HOAs, judicial foreclosure is required unless expedited under Tex. R. Civ. P. 736 with court order. The owner has a 180-day right of redemption after foreclosure sale (§ 209.011). Foreclosure is prohibited if the debt consists solely of fines or attorney's fees (§ 209.009).

    7. Open Meeting & Record Inspection

    Board meetings must be open to members (§ 209.0051). Owners may inspect books and records on written request, response due within 10 business days (§ 209.005).

    8. Statutory Caps

    Solar panels, rainwater harvesting, drought-tolerant landscaping, flags, religious items, political signs, and standby generators cannot be banned outright. Federal OTARD rule protects DBS satellite antennas under 1 meter.

    9. Lawsuit Remedies

    Declaratory judgment under Tex. Civ. Prac. & Rem. Code Ch. 37, injunction, breach of fiduciary duty against directors, and prevailing-party attorney's fees in dedicatory instrument enforcement suits (§ 5.006).

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • HOA filed a Rule 736 expedited foreclosure application
    • Lien includes disputed fines or attorney's fees you believe inflate the balance
    • Selective enforcement or retaliation after you reported board misconduct
    Related Statutes & Laws
    • Tex. Prop. Code Ch. 209 (POA Act)
    • Tex. Prop. Code Ch. 82 (Condominium Act)
    • Tex. Prop. Code § 209.006-.007 (notice & hearing)
    • Tex. Prop. Code § 209.011 (180-day redemption)
    • Tex. Prop. Code § 209.0062 (payment plans)

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.