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Guides · Assessments, fines and fees

How does a fine work — notice, hearing, and amounts?

Before fining you the Association gives you a written violation notice by certified mail. The notice describes the violation, cites the rule, says what you must do to cure it and by when, and states the possible fine. It must also say that you can ask for a hearing within thirty days after the notice was mailed.

If you ask, the Association must hold the hearing no later than thirty days after the Board receives your request. Either side can ask for a postponement of up to ten days. The hearing is held in closed or executive session, and you get at least ten days’ notice of its date, time and place.

The schedule of fines prints $25.00 for a new violation of the listed kinds (which may be avoided if a curable violation is cured by the deadline), and for repeat violations $50.00 for the first notice, $75.00 for the second, $100.00 for the third and $125.00 for the fourth. The Board can adjust amounts and can set fines case by case if they are reasonable.

That is a summary in plain words. The passages below are what the documents actually say, and they are the authority.

What the documents say

  1. the Association will give (i) a written violation notice via certified mail to the Owner (at the Owner's last known address as shown in the Association records) (the "Violation Notice") and (ii) an opportunity to be heard, if requested by the Owner.

    Fine and Enforcement Policy, 5Read page 2 in the document

  2. a reference to the rule or provision that is being violated; (4) a description of the action required to cure the violation and a reasonable timeframe in which the violation is required to be cured to avoid the fine or suspension; (5) the amount of the possible fine

    Fine and Enforcement Policy, 5Read page 2 in the document

  3. (6) a statement that no later than the thirtieth (30th) day after the date the notice was mailed, the Owner may request a hearing pursuant to Section 209.007 of the Texas Property Code

    Community Manual 4th Supplement Fine EnforcementRead page 7 in the document

  4. The Association must then hold the hearing requested no later than thirty (30) days after the Board receives the Request.

    Fine and Enforcement Policy, 6Read page 3 in the document

  5. The Board or the Owner may request a postponement, and if requested, a postponement shall be granted for a period of not more than ten (10) days.

    Fine and Enforcement Policy, 6Read page 3 in the document

  6. Any hearing before the Board will be held in a closed or executive session of the Board.

    Fine and Enforcement Policy, 6Read page 3 in the document

  7. Not later than ten (10 ) days before the Board holds a hearing under this Section 6, the Board shall provide notice to the Owner of the date, time and place

    Fine and Enforcement Policy, 6Read page 3 in the document

  8. Notice of Violation • Unsightly Conditions on a $25.00 (if a curable Lot violation, may be • Unauthorized Construction avoided if Owner or Modification of cures the violation by Improvements the time specified in • Landscape Violations the notice)

    Fine and Enforcement Policy, Schedule of FinesRead page 4 in the document

  9. Repeat Violation (No Fine Amount: Right to Cure or 1st Notice $50.00 Uncurable Violation): 2nd Notice $75.00 3rd Notice $100.00 4th Notice $125.00

    Fine and Enforcement Policy, Schedule of FinesRead page 4 in the document

  10. The Board also reserves the right to set fine amounts on a case by case basis, provided the fine is reasonable in light of the nature, frequency, and effect of the violation

    Fine and Enforcement Policy, Schedule of FinesRead page 4 in the document

This guide was written from the copies in this archive. Documents can be amended after they are recorded, and this is not legal advice; the recorded instruments at the Comal County Clerk are the authoritative versions.