Texas Statutes
Chapter 209 - Texas Residential Property Owners Protection Act
Section 209.006. Notice Required Before Enforcement Action

Sec. 209.006. NOTICE REQUIRED BEFORE ENFORCEMENT ACTION. (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.
(b) The notice must:
(1) describe the violation or property damage that is the basis for the suspension action, charge, or fine and state any amount due the association from the owner;
(2) except as provided by Subsection (d), inform the owner 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 related to the enforcement action under federal law, including the Servicemembers Civil Relief Act (50 U.S.C. App. Section 501 et seq.), if the owner is serving on active military duty;
(3) specify the date by which the owner must cure the violation if the violation is of a curable nature and does not pose a threat to public health or safety; and
(4) be sent by verified mail to the owner at the owner's last known address as shown on the association records.
(c) The date specified in the notice under Subsection (b)(3) must provide a reasonable period to cure the violation if the violation is of a curable nature and does not pose a threat to public health or safety.
(d) 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.
(e) If the owner cures the violation before the expiration of the period for cure described by Subsection (c), a fine may not be assessed for the violation.
(f) For purposes of this section, a violation is considered a threat to public health or safety if the violation could materially affect the physical health or safety of an ordinary resident.
(g) For purposes of this section, a violation is considered uncurable if the violation has occurred but is not a continuous action or a condition capable of being remedied by affirmative action. For purposes of this subsection, the nonrepetition of a one-time violation or other violation that is not ongoing is not considered an adequate remedy.
(h) The following are examples of acts considered uncurable for purposes of this section:
(1) shooting fireworks;
(2) an act constituting a threat to health or safety;
(3) a noise violation that is not ongoing;
(4) property damage, including the removal or alteration of landscape; and
(5) holding a garage sale or other event prohibited by a dedicatory instrument.
(i) The following are examples of acts considered curable for purposes of this section:
(1) a parking violation;
(2) a maintenance violation;
(3) the failure to construct improvements or modifications in accordance with approved plans and specifications; and
(4) an ongoing noise violation such as a barking dog.
Added by Acts 2001, 77th Leg., ch. 926, Sec. 1, eff. Jan. 1, 2002.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 252 (H.B. 1127), Sec. 3, eff. January 1, 2012.
Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 17, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 14, eff. September 1, 2021.

Structure Texas Statutes

Texas Statutes

Property Code

Title 11 - Restrictive Covenants

Chapter 209 - Texas Residential Property Owners Protection Act

Section 209.001. Short Title

Section 209.002. Definitions

Section 209.003. Applicability of Chapter

Section 209.004. Management Certificates

Section 209.0041. Adoption or Amendment of Certain Dedicatory Instruments

Section 209.0042. Methods of Providing Notices to Owners

Section 209.005. Association Records

Section 209.00505. Architectural Review Authority

Section 209.0051. Open Board Meetings

Section 209.0052. Association Contracts

Section 209.0055. Voting

Section 209.0056. Notice of Election or Association Vote

Section 209.0057. Recount of Votes

Section 209.0058. Ballots

Section 209.0059. Right to Vote

Section 209.00591. Board Membership

Section 209.00592. Voting; Quorum

Section 209.00593. Election of Board Members

Section 209.00594. Tabulation of and Access to Ballots

Section 209.006. Notice Required Before Enforcement Action

Section 209.0062. Alternative Payment Schedule for Certain Assessments

Section 209.0063. Priority of Payments

Section 209.0064. Third Party Collections

Section 209.0065. Credit Reporting Services

Section 209.007. Hearing Before Board; Alternative Dispute Resolution

Section 209.008. Attorney's Fees

Section 209.009. Foreclosure Sale Prohibited in Certain Circumstances

Section 209.0091. Prerequisites to Foreclosure: Notice and Opportunity to Cure for Certain Other Lienholders

Section 209.0092. Judicial Foreclosure Required

Section 209.0093. Removal or Adoption of Foreclosure Authority

Section 209.0094. Assessment Lien Filing

Section 209.010. Notice After Foreclosure Sale

Section 209.011. Right of Redemption After Foreclosure

Section 209.012. Restrictive Covenants Granting Easements to Certain Property Owners' Associations

Section 209.014. Mandatory Election Required After Failure to Call Regular Meeting

Section 209.015. Regulation of Land Use: Residential Purpose

Section 209.016. Regulation of Residential Leases or Rental Agreements

Section 209.017. Justice Court Jurisdiction