Attorney’s Fee Recovery Against a Condominium Association

In Texas, the ability to recover attorney’s fees when suing a Condominium Association (COA) depends on the specific circumstances of the case and the statutory provisions under which the lawsuit is filed. Texas law provides various avenues for the recovery of attorney’s fees, but these often hinge on the nature of the legal dispute, the contractual agreements between parties, and specific legislative provisions that may allow for the recovery of such fees. Here are some general considerations and steps to follow when seeking attorney’s fees in a lawsuit against a COA:

1. Review Governing Documents and Contracts
   Start by reviewing the COA’s Declaration, Bylaws, and any applicable contracts or agreements. These documents may contain provisions related to dispute resolution and the recovery of attorney’s fees. Some agreements specifically stipulate that the prevailing party in a dispute is entitled to recover reasonable attorney’s fees from the other party.

2. Consult Texas Statutes
   The Texas Property Code pursuant to Texas Uniformed Condominium Act Section 82.161 allows for attorney’s fees to be recovered to a prevailing party. More specifically it states that the prevailing party in an action to enforce the declaration, bylaws, or rules is entitled to reasonable attorney’s fees and costs of litigation from the non prevailing party. Additionally, Texas Property Code Section 5.006 allows mandatory attorney’s fees that are reasonable and necessary if a restrictive covenant is breached.

3. Consider the Nature of Your Claim
   The ability to recover attorney’s fees often depends on the type of claim being filed. For instance, claims involving breach of contract, breach of restrictive covenants, declaratory actions allow for attorney’s fees. These are statutory and contractual in nature, thus lend to attorney fee recovery. Claims such as negligence, fiduciary duty breach, or fraud claims are tortious and lead only to actual damages and punitive or exemplary damages but not attorney’s fees.

4. Seek Legal Advice
   Because laws and legal procedures can be complex and vary widely based on the specifics of each case, it’s crucial to seek advice from a legal professional experienced in Texas condominium law and litigation. An attorney can provide guidance tailored to your situation and help maximize your chances of recovering attorney’s fees.

Remember, each legal situation is unique, and the success of recovering attorney’s fees will depend on the specific facts of your case, the applicable law, and the discretion of the court.

Julian Nacol
Nacol Law Firm P.C.
Dallas Texas Condominium Association Lawyer
(972) 690-3333