For volunteer board members
Texas HOA Rules for Board Members (2026)
Serving on a Texas HOA board means making calls that affect your neighbors, usually with no training. This page sums up what Texas law says about the parts boards ask about most, in plain English, with the statute section and an official link beside every rule.
Texas residential subdivision HOAs (property owners' associations) with mandatory membership and assessments, covered by Property Code Chapter 209. Chapter 209 does not apply to condominiums; condos follow Property Code Chapters 81 and 82.
- Owner's last day to request a hearing: the owner may ask for a hearing on or before the 30th day after the notice was mailed.
- Hold the hearing by: the hearing must be held no later than the 30th day after the board receives the owner's request.
- Send the hearing notice by: tell the owner the date, time and place no later than the 10th day before the hearing.
Updated October 2026. Not legal advice.
Key Texas deadlines at a glance
| Deadline | What the law says |
|---|---|
| Owner's last day to request a hearing | The owner may ask for a hearing on or before the 30th day after the notice was mailed. Tex. Prop. Code §209.006(b)(2)(B) |
| Hold the hearing by | The hearing must be held no later than the 30th day after the board receives the owner's request. Tex. Prop. Code §209.007(c) |
| Send the hearing notice by | Tell the owner the date, time and place no later than the 10th day before the hearing. Tex. Prop. Code §209.007(c) |
| Give the owner the evidence packet by | All documents, photos and communications you plan to use, no later than 10 days before the hearing. A late packet gives the owner an automatic 15-day postponement. Tex. Prop. Code §209.007(f), (g) |
| Latest date if a postponement is requested | If the board or the owner asks, a postponement of not more than 10 days must be granted. Longer only if both agree. Tex. Prop. Code §209.007(c) |
| Hearing date if the packet was late | If the packet wasn't provided 10 days ahead, the owner is entitled to an automatic 15-day postponement. Tex. Prop. Code §209.007(g) |
| Repeat-notice window (6 months) ends | For the same violation within six months of a notice the owner already received (with the chance to use its rights), the notice steps don't have to be repeated. Tex. Prop. Code §209.006(d) |
Which Texas law applies
Chapter 209 applies to a residential subdivision whose declaration lets the association collect assessments, and to associations with mandatory membership.
Chapter 209 does not apply to a condominium.
How Texas counts days
In computing a period of days, the first day is excluded and the last day is included; a period ending on a Saturday, Sunday or legal holiday runs to the next day that is not one.
The Code Construction Act (Government Code Chapter 311) applies to each provision of the Property Code.
Legal holidays are the national holidays in §662.003(a) and the state holidays in §662.003(b)(1)–(6).
Violation notices and the chance to fix in Texas
The notice must tell the owner they may request a hearing on or before the 30th day after the date the notice was mailed.
Subsections (a) and (b) do not apply to a violation for which the owner was previously given notice and the opportunity to exercise these rights in the preceding six months.
Attorney's fees can be collected only if the owner got written notice that fees will be charged if the violation continues after a date certain.
Hearings in Texas
The association shall hold the hearing not later than the 30th day after the date the board receives the owner's request.
The association shall notify the owner of the date, time and place of the hearing not later than the 10th day before the hearing.
Not later than 10 days before the hearing, the association shall provide the owner a packet of all documents, photographs and communications it intends to introduce. If it doesn't, the owner is entitled to an automatic 15-day postponement.
If the association does not provide the packet within the required period, the owner is entitled to an automatic 15-day postponement of the hearing.
Only if the owner is entitled to cure, the owner may submit a written request for a hearing before the board.
Hold the hearing not later than the 30th day after the board receives the request; notify the owner of date, time and place not later than the 10th day before; a requested postponement of up to 10 days shall be granted; either side may record audio.
Provide the evidence packet not later than 10 days before the hearing; if late, the owner gets an automatic 15-day postponement.
The owner's presence is not required to hold the hearing.
Fines in Texas
An association may not fine for brown or discolored grass or turf while the property is under a mandated residential watering restriction, or before the 60th day after it is lifted (since Sept. 1, 2025).
A courtesy note is not the notice the law requires before a fine. The formal notice must still go by certified mail before a fine.
Before a fine, suspension, damage charge, most lawsuits, or a credit report, the association must give written notice by certified mail.
If the owner cures before the cure period ends, no fine may be assessed for that violation.
A board that may fine must adopt an enforcement policy with categories of violations, a schedule of fines, and hearing information, and share it with owners (posted online or sent yearly).
The board may not consider or vote on fines except in an open meeting with prior notice to owners.
No fine may be assessed if the owner cured within the cure period.
The enforcement policy may reserve the board's authority to vary a fine from the schedule case by case.
Other rules boards should know
Examples of curable acts: a parking violation, a maintenance violation, not building to approved plans, an ongoing noise violation such as a barking dog.
A violation is uncurable if it has occurred but is not a continuous action or a condition that can be remedied; not repeating it is not a remedy. Examples are listed in the statute.
A violation is a threat to public health or safety if it could materially affect the physical health or safety of an ordinary resident.
The board or the owner may request a postponement; if requested, it shall be granted for not more than 10 days. Additional postponements may be granted by agreement.
A dedicatory instrument has no effect until it is filed in the county real property records.
The board or its representative presents the association's case first, then the owner.
Step by step: a Texas violation case
The order Kindly Board walks a Texas board through, from the first look to the last letter.
- Check before you start Every case
Make sure the Texas rules fit and the rule is one you can enforce. - Courtesy reminder Optional
A friendly first note. Many issues end here. - Formal notice of violation Before any fine
Certified mail, a cure-by date, and the 30-day hearing window. - Hearing (only if the owner asks) If requested
Hold it within 30 days of the request. Notice and packet 10 days ahead. - Board vote on the fine Before a fine
At an open meeting with notice to owners. Not by email. - Notice of fine After the vote
Tell the owner what was decided and why. - Close the case Every case
Record how it ended and keep the file.
Texas HOA rules: FAQ
What HOA law applies in Texas?
Texas residential subdivision HOAs (property owners' associations) with mandatory membership and assessments, covered by Property Code Chapter 209. Chapter 209 does not apply to condominiums; condos follow Property Code Chapters 81 and 82. The main sources: Property Code Chapter 209.
How are days counted for Texas HOA deadlines?
Days are counted the way Texas law counts them: the first day doesn’t count, the last day does. An owner’s deadline that lands on a weekend or Texas legal holiday moves to the next business day.
What are the key deadlines in a Texas HOA violation case?
Owner's last day to request a hearing: the owner may ask for a hearing on or before the 30th day after the notice was mailed. (Tex. Prop. Code §209.006(b)(2)(B)) Hold the hearing by: the hearing must be held no later than the 30th day after the board receives the owner's request. (Tex. Prop. Code §209.007(c)) Send the hearing notice by: tell the owner the date, time and place no later than the 10th day before the hearing. (Tex. Prop. Code §209.007(c)) Give the owner the evidence packet by: all documents, photos and communications you plan to use, no later than 10 days before the hearing. A late packet gives the owner an automatic 15-day postponement. (Tex. Prop. Code §209.007(f), (g))
What does Texas law say about HOA fines?
An association may not fine for brown or discolored grass or turf while the property is under a mandated residential watering restriction, or before the 60th day after it is lifted (since Sept. 1, 2025). (Tex. Prop. Code §202.008)
What does Texas law say about violation hearings?
The association shall hold the hearing not later than the 30th day after the date the board receives the owner's request. (Tex. Prop. Code §209.007(c))