Texas laws on letters send to a homeowner for a violation

Gail,

Are these demand letters for rule infractions or non-payment of assessments?

Tim

Gail, the HOA should have a policy in place and given to all the Homeowners on how violations are to be handled. The first notice should give them a reasonable time to comply before fines attach (we give 14 days) and a way to appeal to the BOD if the H/O wants to. At day 15 you start fining and if necessary you may need to take the H/O to court to force compliance. You may have to do this a couple of times until word gets around that the BOD is willing to enforce the CC&R’s. This is for normal violations, garbage can left out etc. but you need to let them know that a repeat violation within a year is an automatic fine; this means that the HOA needs to keep accurate records of the violations and the resolutions. After you have the policy drafted you should have it reviewed by the HOA attorney to make sure it complies with your CC&R’s and Texas law.

GailB2,
If you are a condominium development, this does not apply, but there is another Act for condos available on the Texas Secretary of State website. www.sos.state.tx.us/index.html

Google this, "Property Code Chapter 209 Texas Residential Property Owners Protection Act". This applies to Associations that are subject o restrictions or provisions in a declaration that authorize collection of regular or special assessments and that require mandatory membership. See Section 209.003 for more specifics.
For "Notice required before enforcement", see Section 209.006.
Also check your CC&R's for further requirements other than those stated in the Act. Our documents have other requirements so we had to look at both to create our Violation Policy.
For instance, what type of action are you looking to take on the violation? If you want to suspend owner's rights, file suit, charge for damage, or levy a fine, you must first make sure that written notice was sent by certified mail, return receipt requested and your documents have to allow it or be silent on the subject. According to the Act, the owner is entitled to "a reasonable period to cure the violation", and if your docs allow for hearing or alternative dispute resolution, then the owner has the right to request a hearing. All of this delays when action can be taken, but getting it all spelled out in a Policy is best. (for the Board, any enforcement committees and the owners).

There is alot of useful info on the SOS website. Here is a link to the Business Organizations Code found on the SOS site. www.statutes.legis.state.tx.us/?link=BO. (where the above Act is located). You can find links to several parts of this on the CAN website as well. While researching, don't over look "Vernon's Texas Civil Statutes.

My email is [email protected] and I will be happy to share our Policy with you if you like.