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Texas Property Code - PROP § 209.0061. Association Policy; Fines

Current as of January 01, 2024 | Updated by Findlaw Staff

(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.

(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.

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Cite this article: FindLaw.com - Texas Property Code - PROP § 209.0061. Association Policy; Fines - last updated January 01, 2024 | https://codes.findlaw.com/tx/property-code/prop-sect-209-0061/

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