Our firm, Manning & Meyers, represents a number of condominium associations. Frequently, they wish to impose a fine against a unit owner within the association for violating rules and regulations.
Section 82.102 of the Texas Property Code governs these requirements.
Prior to the association charging a unit owner for property damage for which the owner is liable or before levying a fine against an owner for a violation of the dedicatory instruments of the association, the association must take the following steps:
1) Send the owner a written notice, that includes the below information;
2) Describes the violation or property damage;
3) States the amount of the proposed fine or property damage;
4) States that no later than the 30th day after the date of the notice, the unit owner may request a hearing before the board to contest the fine or damage charge; and
5) Allow the unit owner a reasonable time, by specifying the date, to cure the violation and avoid the fine.
The Association is not required to send a written notice with an opportunity to cure unless the owner was sent a similar violation within the preceding 12 months.
Please note that these requirements may be in addition to any other requirements contained within the dedicatory instruments of the Association.