Texas HOA Violation Notice
Fill in the highlighted fields to create a Texas HOA violation notice, sent by certified mail, with the content section 209.006 requires before a fine, suspension or lawsuit. 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 (verified mail) to the owner's last known address in association records
[Owner Name]
[Owner Last Known Address]
Re: Notice of violation, [Property Address]
Dear [Owner Name],
The association has determined that [Description of Violation or Property Damage] at the property above violates [Rule Citation]. [Amount Due Statement, for example "The amount currently due the association is $AMOUNT" or "No amount is currently due."]
You are entitled to a reasonable period to cure the violation and avoid a fine or suspension if the violation is curable and does not pose a threat to public health or safety. Please cure it by [Cure Date].
You may request a hearing under Section 209.007 of the Texas Property Code on or before the 30th day after the date this notice was mailed to you, by writing to [Hearing Request Address].
If you are serving on active military duty, you may have special rights or relief related to this enforcement action under federal law, including the Servicemembers Civil Relief Act.
Sincerely,
[Sender Name]
[Sender Title]
[Name of Property Owners Association]
What this letter does
A Texas HOA violation notice is the written notice the property owners' association must send before it can suspend an owner's right to use a common area, sue the owner (other than to collect assessments or foreclose), charge for property damage, levy a fine or report a delinquency to a credit reporting service. Property Code section 209.006 sets the form and content.
Key rules in section 209.006
- Certified mail. The association or its agent must give written notice to the owner by certified mail, sent to the owner's last known address as shown on association records.
- What the notice must contain. A description of the violation or property damage that is the basis for the action, and any amount due. It must inform the owner that the owner is entitled to a reasonable period to cure the violation and avoid the fine or suspension (if the violation is curable and not a threat to public health or safety), may request a hearing under section 209.007 on or before the 30th day after the notice was mailed, and may have special rights under federal law, including the Servicemembers Civil Relief Act, if serving on active military duty.
- A cure date. The notice must specify the date by which the owner must cure, and that date must provide a reasonable period.
- Cure avoids the fine. If the owner cures before the cure period expires, a fine may not be assessed.
- Previous notice. The notice requirements do not apply to a violation for which the owner has been given notice and an opportunity to exercise rights under the section in the preceding six months.
Curable and uncurable violations
The statute treats a violation as a threat to public health or safety if it could materially affect the physical health or safety of an ordinary resident. A violation is uncurable if it has occurred but is not a continuous action or a condition capable of being remedied by affirmative action, and the non-repetition of a one-time violation is not an adequate remedy.
- Uncurable examples: shooting fireworks, an act constituting a threat to health or safety, a noise violation that is not ongoing, property damage including removal or alteration of landscape, and holding a garage sale or other event prohibited by a dedicatory instrument.
- Curable examples: a parking violation, a maintenance violation, failure to construct improvements in accordance with approved plans, and an ongoing noise violation such as a barking dog.
The cure-period statements apply when the violation is curable and does not pose a threat to public health or safety. Whatever the type of violation, the notice must still be sent by certified mail and describe the violation.
Payments
Under section 209.0063, payments the association receives are applied in this order: delinquent assessments, current assessments, reasonable attorney's fees or third-party collection costs tied solely to assessments or other charges that could support foreclosure, other reasonable attorney's fees, reasonable fines, then any other reasonable amount owed. If the owner is in default under a payment plan, the association need not follow that order, but a fine may not be given priority over any other amount owed.
Related letters
Pair this notice with the HOA violation letter, the warning letter and the fine letter. Owners who receive one can request a hearing, respond or dispute it.
Statutes change, so confirm the current text of sections 209.006 and 209.0063 on the Texas Legislature's website. For the hearing itself, see the Texas hearing request letter, which summarizes section 209.007.
Common questions
Does a Texas HOA have to send a violation notice by certified mail?
Yes. Section 209.006 requires written notice by certified mail before the listed enforcement actions.
How long does the owner have to request a hearing?
On or before the 30th day after the date the notice was mailed.
This page gives general information and sample wording. It is not legal advice, and requirements differ by state and by association.