10 Common HOA Disputes in Texas
& How to Win (2026)

Texas Property Code § 209.006 requires the HOA to provide written notice of the violation before imposing a fine. The notice must describe the violation, state the specific CC&R provision violated, and give the homeowner a reasonable time to cure. Texas law also requires the HOA to offer a hearing before a committee if the homeowner disputes the fine. Despite these protections, many Texas HOAs — particularly those managed by large management companies — issue mass violation letters with minimal specificity and impose fines before the cure period expires.

Texas is one of the most aggressive HOA foreclosure states. Texas Property Code § 209.0091 allows HOAs to foreclose on homes for unpaid assessments — but NOT for fines alone. The 2011 reform (SB 472) restricted HOA foreclosure power by requiring that the debt include unpaid assessments (not just fines) and that the total owed exceed the limits set in the CC&Rs. However, Texas allows non-judicial foreclosure for HOA liens, which means you may not get a court hearing before your home is sold. This is one of the most controversial provisions in Texas HOA law.

Selective enforcement — where the HOA punishes one homeowner while ignoring identical violations by neighbors — is one of the most common and most winnable disputes in Texas. Under Texas Property Code — Chapter 209 (Texas Residential Property Owners Protection Act), enforcement must be consistent and uniform. Texas courts have held that selective enforcement constitutes a violation of the implied covenant of good faith. Document at least 3 neighbors with the same alleged violation using timestamped photographs.

Texas homeowners frequently clash with architectural review committees that deny modification requests without objective criteria. Under Texas Property Code — Chapter 209 (Texas Residential Property Owners Protection Act), the HOA must apply published architectural standards uniformly. Denials must be in writing and reference specific CC&R provisions — not the personal preferences of committee members. If your Texas HOA denied a modification without written reasons, the denial may be challengeable.

The federal Freedom to Display the American Flag Act protects your right to display the U.S. flag in Texas HOA communities. The HOA can regulate the type of flagpole, its height, and placement, but cannot ban the display of the American flag, state flag, or military service flags. Many Texas homeowners are unaware of this federal protection and pay fines for flag displays that are actually protected by law.

Texas homeowners have growing protections for solar panel installation. Many states have enacted solar access laws that prevent HOAs from banning solar energy systems entirely. Under Texas Property Code — Chapter 209 (Texas Residential Property Owners Protection Act), the HOA can impose reasonable placement guidelines but cannot effectively prohibit solar panels or unreasonably increase their cost. Check Texas's specific solar access statute for your protections.

Landscaping violations are among the most frequent fine triggers in Texas HOA communities. Common issues include grass height, unapproved plantings, dead trees, and failure to maintain flower beds. Under Texas Property Code — Chapter 209 (Texas Residential Property Owners Protection Act), the HOA must define specific landscaping standards in the CC&Rs and enforce them uniformly. Texas homeowners should note that municipal water conservation orders may preempt HOA greening requirements during drought periods.

Board election disputes in Texas HOAs include failure to hold annual elections, proxy manipulation, improper ballot counting, and refusal to seat newly elected members. Under Texas Property Code — Chapter 209 (Texas Residential Property Owners Protection Act), the association must hold annual meetings where board members are elected by the membership. If your board has not held an election as required by the bylaws, members can petition for a special meeting or seek a court order.

Texas law gives homeowners the right to inspect and copy association records including financial statements, meeting minutes, contracts, and member lists. Under Texas Property Code — Chapter 209 (Texas Residential Property Owners Protection Act), the board must make records available within a reasonable time after a written request. If your Texas HOA refuses to produce records or charges excessive copying fees, you can seek a court order and may be awarded attorney fees.

Some Texas HOAs use aggressive collection tactics — turning over disputed fines to collection agencies, reporting to credit bureaus before the dispute process is complete, or threatening foreclosure for small amounts. Under the federal Fair Debt Collection Practices Act (FDCPA) and Texas Property Code — Chapter 209 (Texas Residential Property Owners Protection Act), the HOA and its collection agents must follow specific rules. Disputed amounts cannot be reported to credit bureaus until the dispute process is exhausted.