HB 614: The Mandatory Fine Policy Rule (§ 209.0061)

In 2023 the Texas Legislature passed House Bill 614, which added § 209.0061 to the Property Code. It took effect January 1, 2024, and it changed how HOAs have to set and publish their fines.

What HB 614 requires

If your HOA's governing documents allow it to levy fines, the board must adopt an enforcement policy on fines that includes:

• the general categories of restrictive covenant violations for which the HOA may assess fines;
• a schedule of fines for each category; and
• information about hearings under § 209.007.

The policy may reserve the board's authority to set a fine that departs from the schedule on a case-by-case basis.

You're entitled to see it

The HOA must make the policy available to owners, either by posting it on a website the association maintains or by sending each owner a copy every year by hand delivery, first-class mail, or email.

Does the policy have to be filed with the county?

Section 209.0061 itself doesn't require the enforcement policy to be recorded in the county real property records. It requires the board to adopt the policy and make it available to owners. Some summaries describe HB 614 as a "filing" rule, but the enacted text doesn't say that.

How it helps you

When you're fined, you can ask which category and scheduled amount the fine is based on, and how the policy was made available to owners. Every HDE letter that disputes a fine makes this demand. A fine that doesn't match an adopted, published schedule is a strong point to raise at your hearing.

Timing

The requirement applies to fines that become due on or after January 1, 2024.