Tex. Prop. Code § 209.006

Notice Required Before Enforcement Action

No plain-English summary yet for this section. Read the statutory text below or open the official source.

Statutory text

(a) Before a property owners’ association may suspend an owner’s right to use a common area, file a suit against an owner other than a suit to collect a regular or special assessment or foreclose under an association’s lien, charge an owner for property damage, levy a fine for a violation of the restrictions or bylaws or rules of the association, or report any delinquency of an owner to a credit reporting service, the association or its agent must give written notice to the owner by certified mail. (b) The notice must:

describe the violation or property damage that is the basis for the suspension action, charge, or fine and state any amount due the association from the owner;

except as provided by Subsection (d), inform the owner that the owner: (A) is entitled to a reasonable period to cure the violation and avoid the fine or suspension if the violation is of a curable nature and does not pose a threat to public health or safety; (B) may request a hearing under Section 209.007 (Hearing Before Board; Alternative Dispute Resolution) on or before the 30th day after the date the notice was mailed to the owner; and (C) may have special rights or relief related to the enforcement action under federal law, including the Servicemembers Civil Relief Act (50 U.S.C. App. Section 501 et seq.), if the owner is serving on active military duty;

specify the date by which the owner must cure the violation if the violation is of a curable nature and does not pose a threat to public health or safety; and

be sent by verified mail to the owner at the owner’s last known address as shown on the association records. (c) The date specified in the notice under Subsection (b)

must provide a reasonable period to cure the violation if the violation is of a curable nature and does not pose a threat to public health or safety. (d) Subsections (a) and (b) do not apply to a violation for which the owner has been previously given notice under this section and the opportunity to exercise any rights available under this section in the preceding six months. (e) If the owner cures the violation before the expiration of the period for cure described by Subsection (c), a fine may not be assessed for the violation. (f) For purposes of this section, a violation is considered a threat to public health or safety if the violation could materially affect the physical health or safety of an ordinary resident. (g) For purposes of this section, a violation is considered uncurable if the violation has occurred but is not a continuous action or a condition capable of being remedied by affirmative action. For purposes of this subsection, the nonrepetition of a one-time violation or other violation that is not ongoing is not considered an adequate remedy. (h) The following are examples of acts considered uncurable for purposes of this section:

shooting fireworks;

an act constituting a threat to health or safety;

a noise violation that is not ongoing;

property damage, including the removal or alteration of landscape; and

holding a garage sale or other event prohibited by a dedicatory instrument. (i) The following are examples of acts considered curable for purposes of this section:

a parking violation;

a maintenance violation;

the failure to construct improvements or modifications in accordance with approved plans and specifications; and

an ongoing noise violation such as a barking dog. Added by Acts 2001, 77th Leg., ch. 926, Sec. 1, eff. Jan. 1, 2002. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 252 (H.B. 1127 ), Sec. 3, eff. January 1, 2012. Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168 ), Sec. 17, eff. September 1, 2015. Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588 ), Sec. 14, eff. September 1, 2021. Source: Section 209.006 — Notice Required Before Enforcement Action , https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm#209.006 (accessed May 26, 2025). 209.001 Short Title 209.002 Definitions 209.003 Applicability of Chapter 209.004 Management Certificates 209.005 Association Records 209.006 Notice Required Before Enforcement Action 209.007 Hearing Before Board 209.008 Attorney’s Fees 209.009 Foreclosure Sale Prohibited in Certain Circumstances 209.010 Notice After Foreclosure Sale 209.011 Right of Redemption After Foreclosure 209.012 Restrictive Covenants Granting Easements to Certain Property Owners’ Associations 209.013 Authority of Association to Amend Dedicatory Instrument 209.014 Mandatory Election Required After Failure to Call Regular Meeting 209.015 Regulation of Land Use: Residential Purpose 209.016 Regulation of Residential Leases or Rental Agreements 209.017 Justice Court Jurisdiction 209.0041 Adoption or Amendment of Certain Dedicatory Instruments 209.0042 Methods of Providing Notices to Owners 209.0051 Open Board Meetings 209.0052 Association Contracts 209.0055 Voting 209.0056 Notice of Election or Association Vote 209.0057 Recount of Votes 209.0058 Ballots 209.0059 Right to Vote 209.0061 Association Policy 209.0062 Alternative Payment Schedule for Certain Assessments 209.0063 Priority of Payments 209.0064 Third Party Collections 209.0065 Credit Reporting Services 209.0091 Prerequisites to Foreclosure: Notice and Opportunity to Cure for Certain Other Lienholders 209.0092 Judicial Foreclosure Required 209.0093 Removal or Adoption of Foreclosure Authority 209.0094 Assessment Lien Filing 209.00505 Architectural Review Authority 209.00591 Board Membership 209.00592 Voting 209.00593 Election of Board Members 209.00594 Tabulation of and Access to Ballots Up to date Verified: May 26, 2025 § 209.006. Notice Required Before Enforcement Action's source at texas.gov Stay Connected Join thousands of people who receive monthly site updates. Subscribe Get Legal Help The State Bar of Texas runs a service for finding an attorney in good standing. Initial consultations are usually free or discounted: Lawyer Referral & Information Service (LRIS) Committed to Public Service We will always provide free access to the current law. In addition, we provide special support for non-profit, educational, and government users. Through social entrepreneurship, we’re lowering the cost of legal services and increasing citizen access. Navigate Find a Lawyer Blog About Us API Contact Us Reports Secondary Sources Privacy Policy California: Codes Colorado: C.R.S. Florida: Statutes Nevada: NRS New York: Laws Oregon: OAR , ORS Texas: Statutes World: Rome Statute , International Dictionary Location: https://texas.public.law/statutes/tex._prop._code_section_209.006 Original Source: Section 209.006 — Notice Required Before Enforcement Action , https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm#209.006 (last accessed May 10, 2025). Blank Outline Levels × The legislature occasionally skips outline levels. For example:

A person may apply [...] (4)(a) A person petitioning for relief [...] In this example,

, and (4)(a) are all outline levels, but

was omitted by its authors. It's only implied. This presents an interesting challenge when laying out the text. We've decided to display a blank section with this note, in order to aide readability. Trust but verify. Here is the original source for section 209.006 Do you have an opinion about this solution? Drop us a line. Close

Synced from the Florida Legislature’s official site. Verify the current version before citing.

Community discussion

No discussions tagged with Tex. Prop. Code § 209.006 yet. Be the first to ask a question or share how your association handles this.

Free account — read statutes without signing in; posting needs an account.

Your governing documents

Statute pages break long law into searchable subsections. Upload your CC&Rs, bylaws, and rules for the same experience — private to your account.

Find “budget” or “fines” in your docs
Search docs and statutes side by side — no AI, same keyword index
Share links to exact paragraphs with your board

Private to your account. PDF, Word, or paste — same section finder as statutes.

Free account

A free account unlocks bookmarks, PDF export, uploaded governing documents, and side-by-side search with Florida statutes.

Bookmark statute sections you cite in meetings
Upload CC&Rs and bylaws with the same section finder
Ask questions in the Common Area forum

Common Elements is the always-on industry expo for community associations — vendor hall, professional community, and structured procurement, open 24/7. It complements the management and accounting software you already use; it does not replace it.

Statutory text

Community discussion

Your governing documents

Save your place and go deeper