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Attorney Fee Shifting in Texas HOA Disputes — Section 209.008

Texas Property Code § 209.008

Situation — How This Comes Up

I won my HOA dispute but the legal fees wiped out any benefit. Can I recover my attorney’s fees?

What You Need to Know First

Texas Property Code Section 209.008 allows a prevailing party to recover attorney’s fees in certain HOA disputes. Understanding when fee shifting is available — and how to preserve that right — is as important as winning the case itself.

Full Analysis

Section 209.008 of the Texas Property Code provides for attorney’s fee recovery in certain HOA enforcement actions. The fee-shifting provision applies differently to the association and the homeowner — and the procedural steps you take before litigation affect your eligibility.

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The information on this page is for general informational purposes only. Nothing here constitutes legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney–client relationship. © 2026 Silachi Law Firm, PLLC · Texas Bar No. 24118480