
Townhome community in Frisco, Collin County.
Consider a 38-unit attached-townhome community built 2010, with a three-member volunteer board. The community maintains a shared driveway, common landscape, retention basin, and mail kiosk. A board fining action against an owner over a non-conforming xeriscape conversion escalated when the owner alleged the board had not followed Chapter 209's fining rules, including HB 614's fine-schedule requirement. The owner counter-claimed alleging breach of board duty and statutory violation.
We'd read the architectural guidelines, the fining file, and the existing master policy and D&O endorsement together. That review would show that Chapter 209's fining rules, including HB 614's fine-schedule requirement, created multiple wrongful-act windows on every defective fining action. We'd review the wrongful-acts definition for fining-procedure scope, the discrimination-defense extension for FHA/TFHA-related counts, and the master policy GL coordination on personal-and-advertising-injury claims. We'd source a renewal program with broad-form wrongful-acts definition and updated fining-procedure documentation built into the underwriting submission.
The D&O endorsement would respond to the breach-of-board-duty count, with defense paid outside the indemnity limit. The general liability policy would be tendered on the personal-and-advertising-injury element. Resolution could include rescission of the fines and updated fining procedures compliant with Chapter 209's fining rules, including HB 614's fine-schedule requirement. The carrier would likely condition renewal on documented post-reform fining-procedure compliance; the board would absorb defense costs and procedural-overhaul investment. Texas Property Code provisions for residential property owners' associations specify open meetings, notice requirements, and collection procedures with detailed framework. Chapter 209's fining rules, including HB 614's fine-schedule requirement, set the procedure boards must follow before any fining action. Texas limits what an HOA can prohibit on solar devices, flags and religious displays (Property Code Chapter 202 — religious-display protection was expanded by SB 581 in 2021) and on political signs (Election Code 259.002). Boards enforcing pre-reform architectural guidelines face misenforcement exposure on every related fining action.












