Subdivisions still must give notice by certified by mail, but no longer are required to pay for a return receipt. 209.006(a). The exception to notice based on past violations was made even larger, being moved to 209.006(d).
The statute now allows subdivisions to avoid offering an opportunity to cure, and avoid fines or suspension, “if the violation is of a curable nature and does not pose a threat to public health or safety.” 209.006(b)(2)(A). “For purposes of this section, a violation is considered a threat to public health or safety if the violation could materially affect the physical health or safety of an ordinary resident.” 209.006(f).
The statute provides that “a violation is considered uncurable if the violation has occurred but is not a continuous action or a condition capable of being remedied by affirmative action. For purposes of this subsection, the nonrepetition of a one-time violation or other violation that is not ongoing is not considered an adequate remedy.” 209.006(g).
Chapter 209.006(h) gives examples of “uncurable” violations:
- shooting fireworks;
- an act constituting a threat to health or safety;
- a noise violation that is not ongoing;
- property damage, including the removal or alteration of landscape; and
- holding a garage sale or other event prohibited by a dedicatory instrument.
Chapter 209.006(i) gives examples of “curable” violations.
- a parking violation;
- a maintenance violation;
- the failure to construct improvements or modifications in accordance with approved plans and specifications; and
- an ongoing noise violation such as a barking dog.
I expect disputes over examples not specified.
If there is an opportunity to cure, then the homeowner must get a “reasonable period” of time. 209.006(c). That time must be stated in the letter. 209.006(b)(3)If the homeowner cures in that time, no fine is allowed. 209.006(e).
Even for uncurable violations, any required notice must give homeowners the right to request a hearing under 209.007, but the deadline is now 30 days after mailing the notice. 209.006(b)(2)(B). This allows the homeowner to dispute whether the violation took place.