Homeowners associations in Travis County have real legal authority — the power to levy assessments, enforce deed restrictions, and in some cases foreclose on homes for unpaid dues. That authority is also bounded by Texas law, the HOA's own governing documents, and fiduciary duties that boards owe to members. Homeowners who understand where those boundaries are have more options than they typically realize when a dispute arises.
Texas Property Code Chapter 209: Your Baseline Rights
The Texas Residential Property Owners Protection Act — codified at Chapter 209 of the Texas Property Code — is the framework that governs residential HOAs in Texas. It was significantly strengthened by the Texas Legislature in 2011 after a wave of publicity around HOAs foreclosing on homes for relatively small assessment balances. The core homeowner protections under Chapter 209 include:
- Right to inspect records. Homeowners are entitled to inspect the HOA's financial records, meeting minutes, and governing documents, subject to reasonable restrictions the HOA may place on the inspection process (scheduling, copying fees, excluding personnel records). An HOA that refuses to allow records inspection without justification is violating Chapter 209.
- Notice of fines and right to cure. The HOA must provide written notice of any violation and give the homeowner a reasonable opportunity to cure before assessing a fine. The violation notice must describe the violation with enough specificity that the homeowner can address it.
- Right to contest fines. Before an HOA can file a lien for unpaid fines, it must offer the homeowner a hearing before a panel that includes at least one member who is not a member of the board. The HOA cannot proceed directly from a violation notice to a lien without this opportunity.
- Payment plan requirement before foreclosure. Before initiating a foreclosure proceeding for unpaid assessments, the HOA must offer the homeowner a payment plan. This protection was specifically added to prevent home loss for relatively small assessment balances.
- Right to vote on major decisions. Major changes to governing documents, assessments above a threshold, and certain capital expenditures require a homeowner vote rather than board action alone.
When the HOA Has Exceeded Its Authority
Many HOA enforcement actions are authorized — the HOA has the power to enforce the CC&Rs against homeowners who violate them. But some actions exceed what the governing documents or Texas law actually permit. The most common situations:
A rule adopted without proper authority. The HOA's ability to enact new rules is defined by its governing documents. If the bylaws require a two-thirds member vote to amend the declaration and the board purports to amend a restriction by board resolution alone, that amendment may be void. Homeowners who are cited for violating a restriction that was not properly adopted can challenge the restriction's validity.
Selective enforcement. An HOA that enforces a restriction against one homeowner while ignoring the same violation by neighbors opens itself to a selective enforcement defense. Texas courts have recognized that HOAs have a duty to enforce restrictions consistently. Evidence of similar unenforced violations — photos of comparable fence heights, landscaping conditions, or exterior color variations in the community — can undermine a specific enforcement action.
Fine escalation beyond what the governing documents authorize. Chapter 209 requires that the HOA's fine schedule be set out in the governing documents. An HOA that imposes fines at rates not disclosed in the recorded documents may be collecting amounts it has no legal authority to impose.
Lien placement without required procedure. Before placing a lien for an assessment, the HOA must follow specific procedures — notice, opportunity to cure, hearing on fines. An HOA that places a lien without following these procedures has a lien that may be challenged as procedurally defective.
If Your HOA Threatens Foreclosure
Texas HOAs can foreclose on a homeowner's property for unpaid assessments — but the procedural requirements are strict and courts have been increasingly skeptical of HOA foreclosures that cut procedural corners. The HOA must:
- Provide written notice of the delinquency
- Offer a payment plan (Chapter 209 requirement)
- Obtain a court judgment before conducting the sale — unless the deed restrictions expressly grant a non-judicial foreclosure right
- Follow the deed restriction's own notice and cure provisions
A homeowner who receives an HOA foreclosure notice should consult a real estate attorney immediately. The procedural requirements provide more protection than most homeowners realize, and the timeline for intervening — either by challenging the foreclosure procedurally or by exploring payment options — is compressed once the formal process begins.
Practical Steps for Austin Homeowners in HOA Disputes
Start by reading the governing documents. The CC&Rs, bylaws, and rules create the hierarchy of authority — and violations that conflict with the declaration are void regardless of what the rules say. Request the HOA's meeting minutes and financial records to understand how decisions were made and whether procedures were followed. Document comparable violations by neighbors as evidence of selective enforcement.
Most HOA disputes that reach attorneys have procedural vulnerabilities on both sides. An HOA that wants to enforce a restriction but hasn't followed its own procedure is exposed. A homeowner who has genuinely violated a valid restriction is in a weaker position. Understanding which side of that line a specific dispute falls on is the first step to deciding whether to challenge, negotiate, or comply.
Learn more about HOA disputes in Austin or connect with a real estate attorney.
Disclaimer: This article provides general legal information for educational purposes only. It does not constitute legal advice. Consult a licensed Texas real estate attorney for advice about your specific situation.