Tex.
Prop. Code Section 209.0061
Association Policy; Fines
(a)
This section does not apply to a property owners’ association that is not authorized by the association’s dedicatory instrument to levy a fine.(b)
A property owners’ association board shall adopt an enforcement policy regarding the levying of fines by the property owners’ association. The policy must include:(1)
general categories of restrictive covenants for which the association may assess fines;(2)
a schedule of fines for each category of violation; and(3)
information regarding hearings described by Section 209.007 (Hearing Before Board; Alternative Dispute Resolution).(c)
The enforcement policy adopted pursuant to Subsection (b) may reserve the board’s authority to levy a fine from the schedule of fines that varies on a case-by-case basis.(d)
Each property owners’ association shall:(1)
provide a copy of the policy to an owner of each property in the subdivision by:(A)
posting the policy on an Internet website maintained by the property owners’ association or an agent acting on behalf of the association and accessible to members of the association; or(B)
annually sending a copy of the policy, separately or included in routine communication from the property owners’ association to property owners, by:(i)
hand delivery to the owner;(ii)
first class mail to the owner’s last known mailing address; or(iii)
e-mail to an e-mail address provided to the property owners’ association by the owner; and(2)
make the policy available on any publicly accessible Internet website maintained by the property owners’ association or an agent acting on behalf of the association.
Source:
Section 209.0061 — Association Policy; Fines, https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm#209.0061 (accessed May 4, 2024).
