Property Code Enforcement by Management Company?

Our management company routinely sends out deed restriction violation letters about mold, though there is no covenant that prohibits mold in our deed restriction documents. When asked, the property manager stated it falls under a nuisance covenant that states that any activity deemed noxious, offensive, or an annoyance to the neighborhood is prohibited. I found this also: http://www.texashoaissues.com/Problems1.html It states "If something is not stated in the deed restrictions, then the Texas Statutes are used. Management companies send thousands of violation letters for a wide range of things by using the Abatement of Public Nuisances code."

We do not have anything in our governing documents pertaining to lawn or house maintenance, either, but these are covered by the Property Code to some extent and the management company issues violation letter for lawn maintenance, house painting, siding repair, etc. Is this a common practice, referencing State Property Codes in HOA violation letters?

Amanda, usually the items you mentioned are covered in the Covenants. One of the basic purposes, which is usually stated in the CC&Rs, is to maintain property values and for the health, comfort, safety, convenience and general welfare. This statement can be interpreted to cover any of your listed items which are not specifically stated. The nuisance clause is usually used as the catch all for covering these purposes. Also, State as well as local and federal codes are used to cover violations.