Practice Area

HOA Failure to Enforce — When You Can Sue the HOA for Not Acting

Texas Courts

Situation — How This Comes Up

My neighbor has been violating deed restrictions for two years and the HOA refuses to enforce them.

What You Need to Know First

An HOA that has a mandatory enforcement obligation under its governing documents — and refuses to act — can be sued by an aggrieved homeowner. The question is whether the documents create a duty to enforce or merely a discretion to enforce.

Full Analysis

Whether an individual homeowner can sue an HOA for failure to enforce deed restrictions depends on the language of the governing documents. If the Declaration creates a mandatory duty to enforce, the HOA’s refusal to act can be challenged through a declaratory judgment or mandatory injunction action.

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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