Texas statute reference · Tex. Prop. Code § 209.006
§ 209.006 - Notice Before Enforcement Action
Section 209.006 is the gate every Texas HOA enforcement action must pass through. Before fining, suspending, suing, charging for damage, or credit reporting, the association sends a certified-mail notice with specific contents, a hearing-request window, and, for curable violations, a cure period. Skip a step and the action is exposed to challenge.
Statute text reproduced from the Texas Property Code; editorial summaries by the Common Elements editorial team. Not legal advice; not a substitute for Texas counsel.
Current as of 2026-05-29.
What boards need to know
The trigger list is broad. Section 209.006(a) requires the certified-mail notice before the association suspends a common-area use right, files a non-collection suit, charges for property damage, levies a fine, or reports a delinquency to a credit reporting service. Routine assessment-collection and lien-foreclosure suits are carved out of the notice trigger.
The contents are prescribed. Under § 209.006(b), the notice must describe the violation and state any amount due, tell the owner about the reasonable cure period for curable violations, tell the owner about the right to request a board hearing under § 209.007 within 30 days of mailing, flag Servicemembers Civil Relief Act rights for owners on active duty, specify the cure date, and go out by verified mail to the owner's last known address in the association records.
Cure is a real defense. Section 209.006(e) bars a fine if the owner cures a curable violation before the cure period expires. Section 209.006(d) lets the association skip the notice for a repeat of a violation for which the owner already received this process in the preceding six months.
The statute itself draws the curable/uncurable line. Section 209.006(g) defines uncurable violations, and subsections (h) and (i) give concrete examples on each side, from fireworks and landscape destruction (uncurable) to parking, maintenance, and a barking dog (curable). Boards should map their violation matrix to these examples rather than improvising.
Key requirements
When notice is required
Tex. Prop. Code § 209.006(a)- Before suspending a common-area use right
- Before a non-collection suit against an owner
- Before charging an owner for property damage
- Before levying a fine for a violation
- Before reporting a delinquency to a credit bureau
Required contents of the notice
Tex. Prop. Code § 209.006(b)- Describe the violation or damage and state any amount due
- Inform the owner of the reasonable cure period (curable violations)
- Inform the owner of the 30-day hearing-request right under § 209.007
- Note Servicemembers Civil Relief Act rights where applicable
- Specify the cure date; send by verified mail to last known address
Cure and repeat-violation rules
Tex. Prop. Code § 209.006(c), (d), (e)- A timely cure of a curable violation bars the fine
- Cure date must allow a reasonable period
- Notice not required for a repeat within the preceding six months
Curable vs. uncurable
Tex. Prop. Code § 209.006(g)-(i)- Uncurable: not a continuous action or condition curable by action
- Uncurable examples: fireworks, health/safety threats, landscape damage
- Curable examples: parking, maintenance, plan-noncompliance, barking dog
Key statutory text
Selected subsections, reproduced verbatim from the Texas Property Code. Full text at statutes.capitol.texas.gov.
§ 209.006(a) - when notice is required
Before a property owners’ association may suspend an owner’s right to use a common area, file a suit against an owner other than a suit to collect a regular or special assessment or foreclose under an association’s lien, charge an owner for property damage, levy a fine for a violation of the restrictions or bylaws or rules of the association, or report any delinquency of an owner to a credit reporting service, the association or its agent must give written notice to the owner by certified mail.
§ 209.006(e) - effect of a timely cure
If the owner cures the violation before the expiration of the period for cure described by Subsection (c), a fine may not be assessed for the violation.
Common questions about § 209.006
- When must a Texas HOA send a § 209.006 notice?
- Section 209.006(a) requires written notice by certified mail before the association may suspend an owner's common-area use right, file a suit against an owner (other than a suit to collect a regular or special assessment or to foreclose the association's lien), charge an owner for property damage, levy a fine for a violation of the restrictions, bylaws, or rules, or report a delinquency to a credit reporting service.
- What must the § 209.006 notice contain?
- Section 209.006(b) requires the notice to describe the violation or property damage and state any amount due; inform the owner of the right to a reasonable cure period if the violation is curable and not a threat to public health or safety; inform the owner of the right to request a hearing under § 209.007 on or before the 30th day after the notice was mailed; note any special rights under the Servicemembers Civil Relief Act for owners on active military duty; specify the cure date for a curable violation; and be sent by verified mail to the owner's last known address shown in the association records.
- How long does a Texas owner have to request a hearing?
- Under § 209.006(b)(2), the notice must inform the owner of the right to request a hearing before the board under § 209.007 on or before the 30th day after the date the notice was mailed to the owner.
- Does a Texas owner always get a chance to cure before a fine?
- For curable violations that do not threaten public health or safety, yes. Section 209.006(b)(2)(A) and (b)(3) require the notice to give a reasonable cure period and specify the cure date, and § 209.006(e) provides that if the owner cures before the cure period expires, a fine may not be assessed. Section 209.006(d) creates an exception: subsections (a) and (b) do not apply to a violation for which the owner was given notice and the opportunity to exercise these rights in the preceding six months.
- Which violations does § 209.006 treat as uncurable?
- Section 209.006(g) defines a violation as uncurable if it has occurred but is not a continuous action or a condition that can be remedied by affirmative action. Section 209.006(h) lists examples of uncurable acts: 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. Section 209.006(i) lists curable examples: a parking violation, a maintenance violation, failure to build in accordance with approved plans, and an ongoing noise violation such as a barking dog.
Search synced statutes on Common Elements
Search Texas community-association statutes on Common Elements - plain-English summaries, keyword search, and (where available) the same deep section library as Florida. Free account for bookmarks, uploads, and side-by-side compare.
This is not legal advice. Consult Texas community-association counsel for your specific situation.