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Texas HOA Violation Response Letter

Your Texas HOA sent a violation notice and you have a decision to make: fix it, fight it, or both. For a curable violation that isn't a health or safety threat, the Property Code gives you time to cure and the right to ask for a hearing in front of the board, and your letter is how you use them before a fine lands.

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notice says my fence breaks the 6-foot limit
the committee approved it last year
$150 fine, 30 days

written into

I received a notice dated April 28 citing my fence under Section 4.3, with a $150 fine. The architectural committee approved that fence last year, and I have their letter.

I am asking the board to dismiss the violation and waive the fine. The approval and the photographs are attached.

Balanced & Thorough

How It Works

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Short, specific questions pull the right details out of you. You won't stare at a blank page.

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Make any edits you want, then download a print-ready PDF or Word document. It's your letter.

What Your Letter Covers

The mailing date of the notice, because your hearing request counts from it
A written request for a hearing before the board, sent well inside that window
What you've done to cure, set against the cure-by date in the notice
A request for the association's enforcement policy and its schedule of fines
Any notice defect: no certified mail or delivery method you agreed to, no amount stated, no cure date given

What Texas Law Requires Before an HOA Fines You

Under Texas Property Code § 209.006, before fining you the association must send written notice by certified mail, or by another method only if you opted in to it under § 209.0042, that describes the violation, states any amount due, and, for a curable violation that isn't a health or safety threat, gives a date by which to cure it.
If you're entitled to cure, you can ask in writing for a hearing before the board on or before the 30th day after the notice was mailed, and the board must hold it within 30 days of getting your request and tell you the date at least 10 days ahead, and either side may ask for a postponement of up to 10 days (§ 209.007).
If you cure the violation within the period the notice gives, § 209.006 says no fine may be assessed for it.
These sections set no dollar cap, but an association whose dedicatory instrument lets it fine must adopt an enforcement policy with categories of violations and a schedule of fines (§ 209.0061).
The notice, cure and hearing steps don't apply to a violation you already got notice of and a chance to use these rights for in the past six months (§ 209.006(d)).
They also don't apply if the association sues for a temporary restraining order or temporary injunction or files a suit that includes foreclosure, though a party to a suit on a matter these steps cover may move to compel mediation (§ 209.007(d)).
At least 10 days before a hearing the association must give you a packet of the documents, photographs and communications it plans to introduce, and if it doesn't, you're entitled to an automatic 15-day postponement (§ 209.007(f)–(g)).

Your declaration, bylaws and rules may add steps of their own, and other laws can apply too. Statute text as of October 19, 2026. This is general information, not legal advice; for a complex dispute, talk to a licensed attorney in your state.

Frequently Asked Questions

When do I have to ask for a hearing in Texas?

Count from the date the association mailed the notice, which is usually printed on it or on the certified-mail receipt, not the day you picked it up. The exact deadline is in the statute bullets on this page. Send the request by certified mail too, so you have proof of when it went out.

What happens at an HOA hearing in Texas?

You sit down with the board to go over the facts and try to settle it. Bring your photos, approvals and any records, and a short written summary they can keep. Either side may record the meeting and may ask for a short postponement, and you should get the association's packet of evidence before the hearing.

Is my violation curable?

The statute lists ongoing conditions you can fix, like a parking problem, overdue maintenance or a barking dog, as curable. One-time events that are already over, like fireworks or a garage sale, and anything that threatens health or safety, aren't. If yours is curable, say in your letter what you did and when.

Can I ask to see the fine schedule?

Yes. Ask for the association's enforcement policy, which should list the categories of violations it fines for and the amount for each. If your notice charges more than the schedule allows, point to the line in your letter.

Who writes my Texas HOA response letter?

You do. You answer a short set of questions about the notice and your side of it, and the tool helps you organize your own facts into a clear, well-structured letter you review, edit, sign and send.