Notice Required Before Enforcement Action
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, or levy a fine for a violation of the restrictions or bylaws or rules of the association, the association or its agent must give written notice to the owner by certified mail.
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:
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;
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.
The date specified in the notice under Subsection (b)(3) 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.
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.
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.
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.
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.
The following are examples of acts considered uncurable for purposes of this section:
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.
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.