Sec. 215.017. HEARING BEFORE BOARD. (a) Except as provided by Section 215.009(c), if the owner is entitled to an opportunity to cure a violation, the owner has the right to submit a written request for a hearing to discuss and verify facts and resolve the matter at issue before a committee appointed by the board of the property owners' association or before the board if the board does not appoint a committee.
(b) 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 and shall 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 committee 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.
(c) The notice and hearing provisions of this section and Section 215.016 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.
Added by Acts 2013, 83rd Leg., R.S., Ch. 673 (H.B. 1824), Sec. 4, eff. September 1, 2013.
Structure Texas Statutes
Title 11 - Restrictive Covenants
Chapter 215 - Master Mixed-Use Property Owners' Associations
Section 215.002. Applicability of Chapter
Section 215.003. Applicability of Chapter 209
Section 215.004. Conflicts of Law
Section 215.006. Annual Meeting of Association Members; Notice of Annual or Special Meeting
Section 215.007. Board Meetings
Section 215.009. Restrictive Covenants
Section 215.010. Attorney's Fees in Breach of Restrictive Covenant Action
Section 215.012. Resale Certificates
Section 215.013. Management Certificate
Section 215.0135. Association Records
Section 215.014. Priority of Payments
Section 215.016. Notice Required Before Certain Enforcement Actions
Section 215.017. Hearing Before Board
Section 215.018. Alternative Payment Schedule for Certain Assessments