The HOA hearing notice plays an essential role in the due process for enforcing rules. It allows the owner to plan a defense against potential penalties. Moreover, it helps protect the association from claims of unfair treatment, which can lead to legal liability.
What is an HOA Hearing Notice?
A notice of disciplinary hearing is an official written document informing an owner that the association has accused them of violating a rule. It lets the owner know that they are open to scheduling a hearing before the board, where they can plead their case and potentially avoid penalties.
Another term for this notice is HOA violation notice. The notice outlines the specific provision in the governing documents that the owner has allegedly violated.
Is a Texas HOA Hearing Notice Required?
In Texas, associations must follow specific notice and hearing requirements before taking certain enforcement actions against an owner. According to Sections 209.006 and 209.007, an HOA must provide notice before it can levy fines, suspend privileges, charge owners for property damage, and file enforcement lawsuits.
After the board mails the notice, the owner has 30 days from the date of mailing to request a hearing before the board. The hearing is not automatically scheduled.
When an owner requests a hearing, the board must hold it within 30 days of receiving the request. It must also give the owner at least 10 days’ notice of the hearing’s date, time, and location.
Either the board or the owner may request one postponement of the hearing of up to 10 days. Any additional postponements after that will require consent from both parties.
What Should an HOA Hearing Notice Include?
Under Texas Property Code Section 209.006, the association must send written notice to the owner before taking enforcement action. The notice must consist of the following:
- A description of the violation or property damage
- The amount owed (if any)
- An explanation of the owner’s right to request a hearing
- An explanation that the owner has the opportunity to cure the violation (if it is curable)
- Any rights available under federal law, including protections for active-duty military members under the Servicemembers Civil Relief Act
How Should the Board Send the HOA Hearing Notice?
The manner of delivery will depend on state laws and the governing documents. In Texas, the association must send the notice via first-class mail or certified mail. The board must send it to the owner’s last known mailing address.
Some associations may also use electronic delivery. Boards may do this only if the governing documents allow it and the owner has consented. While electronic delivery is more convenient, efficient, and cost-effective, traditional mail offers greater security and a guarantee of receipt.
Do Owners Get Time to Fix the Violation?
It is common practice for many associations to allow the owner some time to cure the violation before pursuing enforcement action. This helps sow goodwill, shows consideration, and gives owners a bit of leeway.
That said, in Texas, it is mandatory. If the association is considered curable and poses no threat to public health or safety, the association must give the owner a reasonable opportunity to fix the problem before imposing fines or suspensions.
Examples of curable violations typically include:
- Parking violations
- Maintenance issues
- Landscaping violations
- Ongoing noise complaints
On the other hand, non-curable violations are those that owners can’t easily fix. For these violations, associations need not provide owners time to fix the violation. Instead, they may proceed with due process.
Examples of non-curable violations typically include:
- Fireworks violations
- One-time prohibited events
- Threats to health or safety
Does the HOA Have to Share Evidence Before the Hearing?
At the hearing, both the association and the owner present evidence and call witnesses to support their positions. Similar to an actual court case, Texas law requires the HOA to provide the owner with a packet containing all evidence before the hearing. These include documents, photographs, and communications that the board intends to use.
According to the law, the association must provide this packet at least 10 days before the hearing. This gives the owner enough time to mount a defense. While the HOA is required to share its evidence with the owner, there is no such requirement for the owner to do so.
Can a Committee Conduct the Hearing Instead of the Board?
Sometimes, the board is too busy or otherwise indisposed to preside over a disciplinary hearing. This usually happens in larger communities, where the board’s attention is often divided.
Fortunately, Texas law does allow a board-appointed committee to hold the hearing in the board’s place. If a committee conducts the hearing, the owner must also receive notice of the right to appeal the committee’s decision to the board.
Exceptions to Texas HOA Hearing Requirements
There are exceptions to the HOA hearing notice requirements in Texas. Specifically, these requirements don’t apply when the association files a lawsuit for foreclosure over unpaid dues. They also don’t apply if the association seeks a temporary restraining order or injunction. The final exception is that the association may temporarily suspend common area access due to an immediate safety risk.
Can the HOA Skip Notice for Repeat Violations?
In some cases, the association is not required to provide notice for repeat offenses. Skipping notice is permitted only if the owner has already received notice and an opportunity to be heard for the same type of violation within the last six months. In such a case, the association can impose additional enforcement actions without sending another full notice.
That said, it is still a good idea to give notice. Many boards do so as a courtesy and to demonstrate that they exhausted all possible efforts before imposing a penalty. This way, should the case go to court, the association’s defense will be stronger.
A Valuable Tool
An HOA hearing notice serves an important purpose in communication and due process. It aids in enforcement, bolsters the association’s legal position, and gives owners a chance to defend their side. Board members must never skip notice unless otherwise permitted.
PAMco offers exceptional HOA management services to communities in Central Texas. Call us today at 512-918-8100 or contact us online to learn more!
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