The 30-Day Rule (§ 209.006)

If your Texas HOA wants to fine you, Chapter 209 of the Property Code makes it follow a specific procedure first. Here's what § 209.006 requires, and what the "30-day rule" actually means.

The notice must come by certified mail

Before a property owners' association can levy a fine, suspend your use of common areas, charge you for property damage, or file most kinds of lawsuits against you, it must give you written notice by certified mail (§ 209.006(a)). The notice must also be sent by verified mail to your last known address (§ 209.006(b)(4)).

A door hanger, an email, a portal message, or a regular stamped letter can serve as a courtesy reminder. None of them is the notice the statute requires before a fine.

What the notice has to say

• Describe the violation and state any amount you owe (§ 209.006(b)(1)).
• For a curable violation that isn't a threat to public health or safety: tell you that you're entitled to a reasonable period to cure and avoid the fine, and give the date by which you must cure (§ 209.006(b)(2)(A), (b)(3)).
• Tell you that you may request a hearing under § 209.007 on or before the 30th day after the notice was mailed (§ 209.006(b)(2)(B)).
• Tell you that you may have special rights under federal law, including the Servicemembers Civil Relief Act, if you're on active military duty (§ 209.006(b)(2)(C)).

So what is the "30-day rule"?

The 30 days is your window to request a hearing, counted from the date the notice was mailed. It's often called a "30-day cure period," but that's not what the statute says. The cure period must be reasonable (§ 209.006(c)), and the law doesn't set a fixed number of days. A cure deadline much shorter than your 30-day hearing window is easier to challenge as unreasonable, especially for work like repainting or fence repair that takes a contractor.

Fix it in time and there's no fine

If you cure the violation before the cure period expires, the HOA may not assess a fine for it (§ 209.006(e)). Take dated photos of the fix and keep them.

The six-month exception

The HOA doesn't have to send a new formal notice if, in the preceding six months, you already received notice and the opportunity to exercise these rights for the same violation (§ 209.006(d)). That's why repeat violations can move straight to fines.

Curable or not?

The statute gives examples. Ongoing conditions are curable: parking violations, maintenance problems, failing to build according to approved plans, and continuing noise such as a barking dog. One-time acts generally are not: setting off fireworks, a noise incident that has ended, damaging property, or holding a prohibited event.