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
Title 11 - Restrictive Covenants
Chapter 209 - Texas Residential Property Owners Protection Act
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 209.0056. Notice of Election or Association Vote
Section 209.0057. Recount of Votes
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 209.0092. 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