52Editions

Texas HOA Hearing Request Letter

Request a hearing before your Texas HOA board after a violation notice. Send the letter by certified mail and email so it is received within the time shown in your notice. The fields edit right in your browser, and you can copy the result or save it as a Word document.

[Date]

SENT BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, AND BY EMAIL

[Association Name]
Attn: Board of Directors
[Association Address]

Re: Request for hearing under Texas Property Code Section 209.007, [Property Address]

Dear Board of Directors,

I received your notice dated [Notice Date] about [Description of Alleged Violation]. I am writing within the 30-day period stated in that notice to request a hearing before the board to discuss and verify the facts and resolve the matter.

Please send me, no later than 10 days before the hearing, a packet containing all documents, photographs and communications relating to this matter that the association intends to introduce at the hearing, as Section 209.007(f) requires. Please also give me written notice of the date, time and place of the hearing at least 10 days before it is held.

I intend to [Owner Attendance Statement, for example "attend in person" or "attend with a designated representative"], and I may make an audio recording of the hearing.

Please do not assess a fine or suspend any rights while this request is pending. You can reach me at [Owner Phone] or [Owner Email].

Sincerely,

[Owner Name]
[Owner Address]

What this letter does

A Texas hearing request puts an owner's objection to a violation notice in writing and starts the association's deadline to hold a hearing. Property Code section 209.007(a) gives an owner who is entitled to an opportunity to cure a violation the right to submit a written request for a hearing to discuss and verify the facts and resolve the matter before the board.

Key rules in section 209.007

  • Timing of the hearing. The association must hold the hearing no later than the 30th day after the board receives the owner's request, and must tell the owner the date, time and place no later than the 10th day before the hearing.
  • Postponements. The board or the owner may request a postponement, and a requested postponement must be granted for up to 10 days. Further postponements can be agreed by the parties.
  • Recording. The owner or the association may make an audio recording of the meeting.
  • The packet. At least 10 days before the hearing, the association must give the owner a packet with all documents, photographs and communications relating to the matter that it intends to introduce. If it does not, the owner is entitled to an automatic 15-day postponement.
  • Order of presentation. A board member or the association's designated representative presents the association's case first. The owner or the owner's designated representative then presents the owner's information and issues.
  • Alternative dispute resolution. An owner or association may use alternative dispute resolution services.

When the right to a hearing does not apply

Section 209.007(a) applies only if the owner is entitled to an opportunity to cure. Under subsection (d), the notice and hearing provisions of sections 209.006 and 209.007 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. They also do not apply to a temporary suspension of common-area use after a violation in a common area that involved a significant and immediate risk of harm to others. That suspension lasts until the board makes a final determination following the procedures in the section. If a suit is filed on a matter these sections cover, a party may move to compel mediation.

How to use the letter

  1. Find the deadline in the violation notice. Section 209.006 requires the notice to state the owner may request a hearing on or before the 30th day after the notice was mailed.
  2. Send the request by a method that proves delivery, such as certified mail, and keep the receipt.
  3. Replace the field about attendance with your plan, and name a representative if someone is attending for you.
  4. Gather your own evidence: dated photographs, receipts, prior approvals and correspondence.
  5. If the packet does not arrive 10 days before the hearing, point to subsection (g) in writing and ask for the postponement.

What happens after the hearing

The board decides whether to continue enforcement, reduce or drop it, or set conditions. If the owner is unhappy with the result, the next step may be a dispute letter or mediation. If the owner cures the violation within the cure period, Section 209.006 does not allow a fine to be assessed.

Related letters

Start with the Texas violation notice to see what the association had to send. Owners can also write a violation response, dispute the notice or file an appeal.

Statutes change, so confirm the current text of section 209.007 on the Texas Legislature's website.

Common questions

How long does a Texas HOA have to hold a hearing?

No later than the 30th day after the board receives the owner's written request, with at least 10 days' notice of the date, time and place.

Can I record the hearing?

Yes. Section 209.007(c) says the owner or the association may make an audio recording of the meeting.

What if the HOA does not send the documents?

If the association does not provide the packet at least 10 days before the hearing, the owner is entitled to an automatic 15-day postponement.

This page gives general information and sample wording. It is not legal advice, and requirements differ by state and by association.