We are frequently asked by our clients about what type of notice is required prior to fining an owner.
The Texas Property Code governs this issue. Section 209 of the Texas Property Code states that a property owners association may not take action against an owner unless they first receive notice and opportunity to cure.
Below is an outline of Section 209.006 of the Texas Property Code. If you are a board member or manage a property owners association, please contact our office with any questions.
1) A Notice Letter is Not Required if–
– Suit to collect assessment or foreclose;
– Notice sent to owner within previous six months; or
– Violation is of uncurable nature.
2) Notice Letter Required Prior to:
– Suspend owners’ right to use common area;
– File suit against an owner;
– Charge an owner for property damage
– Levy a fine for violation of bylaws, restrictions, or rules.
3) Notice Letter Requirements:
– Sent by Certified mail (RRR not required);
– Must be sent by Verified Mail;
– Describe violation or property damage;
– State any amount due Association;
– Inform owner that they may:
– Cure violation and avoid fine if the violation is of a curable nature and does not pose a threat to public health or safety;
– Must specify date violation must be cured by;
– Request a hearing under 209.007 w/in 30 days notice was mailed; and
– May have right of relief under federal law, including the SCRA, if owner is on active military duty.
4) If Owner Corrects Violation During Cure Period– May not fine;
5) Uncurable Violations– No notice required prior to fine. Examples-
– Shooting fireworks;
– Threat to health or safety (materially affect physical health or safety of ordinary resident);
– Noise violation not ongoing;
– Property Damage;
– Garage Sale or other event prohibited by Dedicatory Instruments;
6) Curable Violations– Require notice
– Parking violations;
– Maintenance violations;
– ACC violations;
– Noise violations that are ongoing (e.g. barking dog).