# Suing a Texas homeowners association over a decision

Source: https://www.jhenrylaw.com/mechanism/suing-a-texas-hoa/
Author: John P. Henry, John Henry & Associates, PLLC
Reviewed: 2026-08-02

**Tex. Prop. Code §§ 202.004(a), 209.006, 209.007; Tex. Civ. Prac. & Rem. Code chs. 37, 65**

## Can I sue my HOA in Texas for denying an architectural application or levying a charge?

Yes. A Texas owner can sue the association to enforce the declaration, for a declaratory judgment on what it requires, and for an injunction. The association's discretionary decisions are presumed reasonable, so the case is built on showing the decision was arbitrary, capricious or discriminatory, or that the association skipped the notice and hearing the Property Code requires.

> An exercise of discretionary authority by a property owners' association or other representative designated by an owner of real property concerning a restrictive covenant is presumed reasonable unless the court determines by a preponderance of the evidence that the exercise of discretionary authority was arbitrary, capricious, or discriminatory.

— Tex. Prop. Code § 202.004(a)

## When it applies

An architectural committee that denies a complete application without reviewing it, a fine or fee assessment levied without the required notice, a board acting without a properly noticed meeting, or a condition on approval that the declaration does not authorize. A suit concerning the lot is brought in the county where the property is.

## How it is proved up

1. Start with the declaration and every amendment, and confirm each one was recorded in the county's real property records, because a dedicatory instrument must be.
2. Build the record of what the association actually did: the application, what was submitted with it, the denial, and whether the stated reasons track the declaration's own criteria.
3. Check the Property Code's procedural requirements: written notice and an opportunity to cure before enforcement action under section 209.006, and the right to a hearing before the board under section 209.007.
4. Plead the declaratory judgment precisely. The declarations asked for become the order, and they should say what the association must do, not only that it was wrong.
5. Ask for the injunction the facts support: requiring the committee to decide the application on the declaration's criteria, or barring a charge against the lot.

## What defeats it

- A decision the declaration plainly leaves to the committee's judgment, made on the declaration's criteria and explained in writing.
- An owner who built first and applied afterward.
- Suing without first giving the board a written chance to correct its decision.

## Where I have used it

Burns v. Sunset Ridge at Tucker Knob HOA · 425th Judicial District Court, Williamson County. Lot owners suing their association over the denial of a complete architectural application and a legal-fee assessment against their lot.

## Questions

**Can an HOA in Texas deny my plans without a reason?**

The association's discretionary decisions are presumed reasonable, but the presumption is overcome by a showing that the decision was arbitrary, capricious or discriminatory. A denial that ignores the declaration's own criteria, or that was made without reviewing the plans submitted, is where that showing usually starts.

**Does a Texas HOA have to give notice before fining me?**

Generally yes. Before most enforcement actions, including fines, the Property Code requires written notice describing the violation, a reasonable period to cure, and notice of the owner's right to request a hearing before the board.

**Where do I sue a Texas HOA?**

A suit concerning an interest in real property is brought in the county where the property is located. For a lot in Williamson County, that is Williamson County.

**Can I recover attorney's fees from my HOA?**

It depends on the claims and on the declaration. A declaratory judgment claim allows the court to award fees that are equitable and just, and many declarations contain their own fee provisions.


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