Texas HOA Harassment by Board Member Demand Letter

If you live in a Texas neighborhood governed by an HOA, you are protected by some of the strongest homeowner laws in the country. The Texas Residential Property Owners Protection Act (Chapter 209 of the Property Code) sets clear rules board members must follow when communicating with, fining, or enforcing rules against owners. When a board member crosses the line into harassment—through threats, retaliatory fines, selective enforcement, surveillance, or repeated unwanted contact—Texas law gives you the right to demand it stop. A properly drafted demand letter that cites the correct Texas statutes puts the association on notice, creates a paper trail for litigation, and often resolves the issue without a lawsuit.

Texas regulates HOA conduct primarily through Chapter 209 of the Texas Property Code, known as the Texas Residential Property Owners Protection Act. This law applies to most single-family residential subdivisions and imposes strict procedural requirements before a board can fine, suspend privileges, foreclose, or otherwise act against an owner. Section 209.006 requires written notice and a reasonable opportunity to cure before enforcement action. Section 209.007 gives owners the right to a hearing before the board. When a board member abuses these processes—by issuing baseless violations, threatening foreclosure without basis, contacting an owner outside official channels, or retaliating for protected activity like running for the board, requesting records, or attending meetings—they may be acting outside the scope of their authority. Texas Business Organizations Code Chapter 22 governs nonprofit HOA corporations and imposes fiduciary duties of loyalty, care, and good faith on directors. A board member who harasses an owner can face personal liability for breach of fiduciary duty. Additionally, Texas Penal Code § 42.07 criminalizes harassment, including repeated electronic communications, threats, and conduct intended to harass, annoy, alarm, or embarrass another person. Owners also have rights under Section 209.005 to inspect association records and under Section 209.0051 to attend open board meetings—rights that cannot be punished. If the harassment involves discrimination based on race, religion, sex, familial status, disability, or national origin, the federal Fair Housing Act and the Texas Fair Housing Act (Chapter 301 of the Property Code) provide additional remedies. Courts may award injunctive relief, actual damages, civil penalties up to $500 per violation under Section 209.006, and reasonable attorney's fees to a prevailing owner.

A Texas HOA harassment demand letter works because it forces the association and its insurance carrier to take the dispute seriously and document a response. The letter should identify the specific board member, describe each harassing act with dates and witnesses, and tie that conduct to violations of Chapter 209, the board's fiduciary duties under Business Organizations Code Chapter 22, and the association's own governing documents. Send the letter by certified mail, return receipt requested, to both the registered agent of the HOA and the management company, and copy the full board so individual directors cannot later claim ignorance. Demand specific relief: cessation of contact outside official channels, withdrawal of any retaliatory fines or violation notices, recusal of the offending director from matters involving you, preservation of all communications and records, and written confirmation within 30 days. Reference Section 209.006's notice-and-cure framework to show you are following statutory procedure. Attach evidence—emails, texts, photos, video, witness statements. Make clear that if the conduct continues you will pursue injunctive relief, actual damages, civil penalties, attorney's fees under Section 209.008, and personal claims against the director for breach of fiduciary duty. Most Texas HOAs carry directors and officers insurance, and once a written demand arrives, counsel typically gets involved and the harassment stops. The letter also satisfies pre-suit notice requirements and strengthens your position if you later file in justice or district court.

Texas justice courts handle small claims up to $20,000, making them a practical venue for damages claims against an HOA or director. Filing fees in justice court typically run $50 to $100. For injunctive relief—an order forcing the harassment to stop—you must file in district court, where filing fees range from $300 to $400. Section 209.008 allows recovery of reasonable attorney's fees by the prevailing party, which cuts both ways, so document your case carefully. The general statute of limitations is four years for breach of fiduciary duty and two years for personal injury or harassment-based tort claims. Before filing, Chapter 209 requires that the association offer alternative dispute resolution under Section 209.007 in many enforcement contexts.