Generate a Texas HOA selective enforcement challenge demand letter. Cite Chapter 209 protections, demand fair treatment, and stop discriminatory rule enforcement fast.
Generate My Letter — $19If 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.
HOAs in Texas are governed primarily by the Texas Residential Property Owners Protection Act (TRPOPA) (Tex. Prop. Code Title 11, Chapter 209 (§§ 209.001 et seq.)). It sets the baseline rules for fines, records, meetings, and assessments that every association in the state must follow, regardless of what an individual board prefers.
There is no state agency that adjudicates Texas HOA disputes. There is no state HOA regulator to file with. Homeowners pursue records-access violations by petition in justice (small claims) court under § 209.005; other disputes go to justice court (up to $20,000) or district court, or through private mediation/an attorney. Fair-housing/discrimination complaints go to the Texas Workforce Commission or U.S. DOJ Civil Rights Division; debt-collection/TRPOPA complaints may go to the Texas Attorney General's Office. Knowing the exact statute and deadline before you write is what gives a demand letter its leverage.
A recent change to watch: 89th Legislature (2025) — SB 711 (reforms to Chapters 82, 202, 209 including website/dedicatory-instrument posting and management-certificate/TREC-filing requirements, eff. Sept. 1, 2025); related bills SB 2586 (mandatory posting of fee schedules/covenants, with hoa.texas.gov) and SB 2629 (electronic/absentee/proxy voting). Prior 2023 reforms added § 209.0060 (fine enforcement policy, HB 614) and assessment-lien delinquency-notice rules (HB 886).
Fines & penalties: Texas sets no statutory dollar cap on HOA fines — any limit comes from your recorded CC&Rs, and a court still tests whether a fine is reasonable and evenly enforced. No statutory dollar cap on HOA fines in Texas; fines must be authorized by the CC&Rs and be reasonable. Before levying a fine (or suspending privileges, charging for damage, or suing), the HOA must send written notice by certified mail describing the violation, stating the intended action, and informing the owner of the right to a hearing (§ 209.006). The owner generally has 30 days from mailing to request a hearing; the board must hold the hearing within 30 days of the request and give the owner at least 10 days' advance notice of its date/time/place (§ 209.007). Notice/hearing rights do not re-apply to a repeat of the same violation within the preceding six months (§ 209.006(d)). Associations that levy fines must also adopt a written fine enforcement policy (§ 209.0060).
Records access: As a Texas homeowner you have a statutory right to inspect and copy association records. Response window: On or before the 10th business day after receiving a written request, the association must either send notice of inspection dates or produce requested copies (§ 209.005). If it cannot meet the 10th-business-day deadline, it must notify the requestor and provide an alternate date no later than the 15th business day after that notice. Homeowner may file a petition in justice court to compel production. Courts may order release of records and payment of the owner's attorney's fees and court costs, plus civil penalties reported at up to $500 per day of noncompliance, capped at $5,000. (Penalty figures per secondary legal sources summarizing § 209.005; day/aggregate caps not independently confirmed against official statute text.).
Meetings & notice: Meeting notice in Texas: Board meetings must be open to owners with advance notice: at least 144 hours (6 days) before a regular board meeting and at least 72 hours (3 days) before a special board meeting; notice must state date, time, place, and general subject (§ 209.0051). Notice mailed to owners must be sent not later than the 10th day and not earlier than the 60th day before the meeting. Board and member meetings are generally open to owners. The board may meet in closed executive session to discuss certain matters (e.g., litigation, personnel, contracts, matters involving a specific owner), but all votes and final decisions must be taken in open session; the board cannot vote in executive session (§ 209.0051(h)). Certain enumerated actions (fines, foreclosure, enforcement, assessment increases, budget) may not be decided without an open, noticed meeting.
Resolving a dispute: In Texas, mediation is available but not mandatory; small-claims court is available for smaller money disputes. Texas does not statutorily require mediation or arbitration for HOA disputes (governing documents may impose ADR contractually). Records-access disputes go to justice court under § 209.005; general disputes may be brought in justice/small claims court (jurisdiction up to $20,000) or district court. Private mediation is a voluntary option. The § 209.006/209.007 notice-and-hearing process functions as a pre-enforcement internal review rather than binding ADR.
There is no state HOA regulator to file with. Homeowners pursue records-access violations by petition in justice (small claims) court under § 209.005; other disputes go to justice court (up to $20,000) or district court, or through private mediation/an attorney. Fair-housing/discrimination complaints go to the Texas Workforce Commission or U.S. DOJ Civil Rights Division; debt-collection/TRPOPA complaints may go to the Texas Attorney General's Office.
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