Sec. 209.0061. ASSOCIATION POLICY; FINES. (a) This section does not apply to a property owners' association that is not authorized by the association's dedicatory instrument to levy a fine. (b) A property owners' association board shall adopt an enforcement policy regarding the levying of fines by the property owners' association. The policy must include: (1) general categories of restrictive covenants for which the association may assess fines; (2) a schedule of fines for each category of violation; and (3) information regarding hearings described by Section 209.007 . (c) The enforcement policy adopted pursuant to Subsection (b) may reserve the board's authority to levy a fine from the schedule of fines that varies on a case-by-case basis. (d) Each property owners' association shall: (1) provide a copy of the policy to an owner of each property in the subdivision by: (A) posting the policy on an Internet website maintained by the property owners' association or an agent acting on behalf of the association and accessible to members of the association; or (B) annually sending a copy of the policy, separately or included in routine communication from the property owners' association to property owners, by: (i) hand delivery to the owner; (ii) first class mail to the owner's last known mailing address; or (iii) e-mail to an e-mail address provided to the property owners' association by the owner; and (2) make the policy available on any publicly accessible Internet website maintained by the property owners' association or an agent acting on behalf of the association.
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