Texas HOA Selective Enforcement Challenge Letter

If your Texas HOA is fining you for something your neighbors get away with, you may have a selective enforcement claim. Texas law requires homeowner associations to enforce their deed restrictions consistently and in good faith. When a board singles out one homeowner while ignoring identical violations next door, that uneven treatment can be challenged under the Texas Residential Property Owners Protection Act and long-standing Texas case law. A well-drafted demand letter often resolves the dispute before it reaches court, forcing the HOA to either drop the fine, apply the rule fairly to everyone, or face civil damages. This page explains how Texas selective enforcement law works and how a demand letter can protect your rights.

Texas law governing HOAs is found primarily in Chapters 202, 209, and 204 of the Texas Property Code. Section 202.004(a) establishes that an HOA's exercise of discretionary authority concerning a restrictive covenant is presumed reasonable—but that presumption can be rebutted when enforcement is arbitrary, capricious, or discriminatory. Texas courts have repeatedly held that selective enforcement is a valid affirmative defense and a basis for affirmative claims. In cases like Gettysburg Homeowners Ass'n v. Olson and Uptegraph v. Sandalwood Civic Club, courts ruled that an HOA cannot enforce a restriction against one owner while knowingly tolerating the same conduct by others.

To prove selective enforcement in Texas, a homeowner generally must show: (1) the HOA had knowledge of similar violations by other owners; (2) the HOA failed to enforce against those owners; and (3) the HOA singled out the homeowner without a rational basis. Photographs, dated records, neighbor statements, and prior board correspondence are powerful evidence.

Chapter 209 adds further protections. Before an HOA may fine, suspend privileges, or pursue judicial foreclosure, it must send written notice describing the violation, providing a reasonable opportunity to cure (at least 30 days for most violations under § 209.006), and informing the owner of the right to a hearing before the board under § 209.007. If the HOA skips these steps or applies them unevenly, the enforcement action is vulnerable. Section 202.004(c) authorizes a court to assess civil damages of up to $200 for each day of a continuing violation against either party who fails to comply with a restriction—including the association itself when it acts unlawfully.

A Texas selective enforcement demand letter works because HOA boards know Chapter 209 and § 202.004 expose them to attorney's fees and civil damages if they overreach. Your letter should do five things. First, identify the specific restriction the HOA claims you violated and quote the exact deed restriction or rule. Second, document comparable violations by other homeowners that the board has ignored—addresses, dates, photographs, and any prior complaints you submitted are critical. Third, cite the controlling law: § 202.004(a)'s reasonableness requirement, Chapter 209's notice and hearing procedures, and Texas case law recognizing selective enforcement. Fourth, demand specific relief: withdrawal of the violation notice, reversal of any fines or attorney's fees charged to your account, and written confirmation that the matter is closed. Fifth, set a firm deadline—typically 14 to 30 days—and warn that continued enforcement will trigger a request for a § 209.007 hearing, a complaint to the Texas Attorney General's Consumer Protection Division, and potential litigation seeking damages under § 202.004(c) plus attorney's fees. Send the letter by certified mail, return receipt requested, to the HOA's management company and the registered agent listed with the Texas Secretary of State or county records. Keep copies of everything. A clear, statute-grounded letter shifts leverage immediately because the board's lawyer will recognize the litigation risk and usually recommend resolution.

If the HOA refuses to back down, Texas homeowners can request a board hearing under § 209.007 within 30 days of the notice. Litigation can be filed in justice court (small claims) for matters up to $20,000, including attorney's fees, or in district court for larger claims or injunctive relief. Justice court filing fees in Texas typically run $54–$100 depending on county. Statutes of limitation vary—breach of restrictive covenant claims generally fall under a four-year limitations period under Tex. Civ. Prac. & Rem. Code § 16.051. The prevailing party in a covenant enforcement action is generally entitled to attorney's fees under § 5.006 of the Property Code, which cuts both ways. Mediation is required for many HOA disputes under § 209.0051.