Homeowners associations (HOAs) have to enforce the rules in order to be effective – but the association can’t always move directly to fines, collections and other kinds of legal actions when an owner violates a community restriction or doesn’t keep up with the assessments.
In Texas, HOAs usually need to start with what is commonly called a “209 letter.” Drawing its name from Chapter 209 of the Texas Property Code, a 209 letter is a notice to the errant owner that they’re in violation of a rule or could be referred to collections over an unpaid bill.
Owners have to be given a chance to correct the issue
Suppose a homeowner builds a shed that violates the association’s restrictions. The board sends a courtesy notice, but the shed remains. Before fining the owner or taking certain other enforcement actions, the association generally must send a written notice that satisfies Section 209.006.
The letter should explain the violation and state any amount the owner owes. If the problem can be corrected and doesn’t threaten public health or safety, the owner must receive a reasonable amount of time to correct it. (What is “reasonable,” of course, varies according to the situation.) A 209 letter may also need to tell the owner:
- The deadline to correct the issue cited in the letter
- How much is currently owed, if the issue is a debt
- That a hearing by the board may be requested and when
The association must send the notice by verified mail to the owner’s last known address in its records, and active-duty servicemembers must also be notified that they could have additional rights under federal law.
A different version of the 209 letter may be used when an owner hasn’t paid assessments or other amounts owed to the association. Before referring the account to collections, the HOA must send a certified letter listing each delinquent charge, the total needed to bring the account current and whether a payment plan is possible. In those situations, the owner gets at least 45 days to resolve the delinquency before anything else is done.
A vague letter, an incorrect deadline or even a notice sent using the wrong delivery method could delay the HOA’s enforcement rights and create a dispute over fines or collection costs. Legal guidance can help.