Current through: Texas 89th Legislature, 2025. This guide is general education, not legal advice.
Curable versus incurable, and why it decides everything
The most useful question to ask about any violation is whether it is curable or incurable, because the answer changes what the association is allowed to do next. Treat a curable violation as if it were incurable and you forfeit the cure period the law built to protect you. Texas Property Code Section 209.006 defines the two categories.
| Violation type | Legal definition | Common examples |
|---|---|---|
| Curable | A violation that can be remedied by affirmative action. The association must give a reasonable period to cure. | Parking violations, lawn and maintenance issues, an overgrown or non-compliant fence or yard condition, ongoing noise such as a barking dog. |
| Incurable | A violation that has occurred but is not a continuous action or a condition capable of being remedied. | Shooting fireworks, threats to health or safety, non-continuous noise, property damage, prohibited events such as a garage sale, and building or modifying improvements contrary to approved plans. |
That single classification is one of the highest-stakes lines in the whole process. Get it wrong and you can hand back a protection you were entitled to, without ever realizing it was yours. The line between the two is not always obvious, and the examples above are the common cases, not a complete list.
The cure period
For a curable violation, you get a reasonable amount of time to put the problem right before a fine can be charged. Read the notice for the specific deadline and calendar it the moment the notice arrives. Complete the fix inside the period and you avoid the fine for that violation.
How to cure, and how to prove it
Fixing the problem is half the job. Being able to show that you fixed it, and when, is the other half, and it is the half most people skip.
- Take dated photos of the corrected condition once the work is done.
- Keep receipts and invoices. Paint, materials, or a contractor's bill ties a dollar and a date to the work.
- Note the date you finished, in writing, the day you finish.
- Tell the association in writing that the item has been corrected. A short note creates a matching record on both sides.
That written confirmation is the piece that closes the loop. Without it, you fixed the problem and left no proof that you did.
The six-month rule
If you already received written notice and a chance to cure a similar violation within the preceding six months, the association is not required to send a fresh cure notice or offer a hearing. The second time around, the fine or enforcement action can land immediately. The lesson is to fix the root of a recurring problem, not just the instance named in the notice in front of you.