Home Owner Associations ( HOA ) : Are You in For Problems?
Everyone loves and hates their HOA. A HOA has the power to make every neighbor’s’ life a little easier by establishing restrictions that keep the neighborhood clean, safe, and accountable.
HOA’s also in some cases have been given power to make an individual homeowner’s life unhappy. Depending on the circumstances, a HOA in a neighborhood of homes may not have the same specific powers as a HOA in a condominium or townhouse setting. Regardless whether you are an owner of a home, condominium, or townhouse and you have been wronged by your HOA, here is a list of things you must do:
- Read the HOA by-laws CAREFULLY!!
- Keep all documentation of correspondence you have had with the HOA Board, the Executive Officers, and Management Co., if there is one.
- Prepare a demand letter citing the specific by-laws that support your position.
- Record the HOA meetings in which your issues are presented or addressed and request minutes of the meeting from the secretary.
- Do not delay hiring an attorney if the HOA is not responsive to your grievances.
Certain issues, depending on the by-laws, such as unjustified forced foreclosures, failure to repair plumbing or foundations, trying to force you to construct or build a fence on your separate property are worth seeking legal advice. An experienced attorney is needed if you are to take on a Texas homeowner’s association. Many by-laws are open to interpretation regarding what a Texas HOA must repair and what is not responsible for under the HOA by-laws. To battle a strong HOA organization it takes an experienced real estate lawyer and if you have been a victim of HOA oppression seek an experienced lawyer immediately.
Julian Nacol, Attorney
Nacol Law Firm P.C.
Dallas HOA Attorney
(972) 690-3333
Texas Homeowner’s Association: Appealing HOA Fines and a Realistic Result
Texas Homeowner’s Associations can be difficult to deal with. If an individual needs to file a suit due to arbitrary or capricious actions, it is important to know your rights prior to filling any suit.
Texas Property Code § 209.007 allows for dispute resolution and appeal to the board of directors if there is an improper fine due to an alleged offense of the Rules and Regulations of a residential residence.
The HOA shall conduct the hearing not later than 30th day after the date the Board receives owner’s request for a hearing.
At the hearing an individual will have the opportunity to verify the facts and allegations actions that lead to the fine or violation. Furthermore, the homeowner will have an opportunity to rescind the fine, justify any action, or ask for clemency.
This is a convenient and cheaper way to attack an unlawful or improper fine, but usually it is unhelpful.
If a Board or a management company, which is normally an agent of the Board, fines an individual then an appeal will be a waste of time. Likely, Board members will not care enough, nor listen to a homeowner’s complaints regarding violations. Texas Property Code § 209.007 was passed by Texas Legislature in a misguided attempt to promote resolution as an alternative dispute process.
HOA Boards and HOA Management companies do not entertain appeals and the appeal is usually worthless. It is a waste of money to hire an attorney to represent you in this ordeal because the judge and jury are the Board Members that fined you in the first palace. Usually, the President of the HOA board is a “Karen” that has nothing better to do than get involved in other people’s business.
Filing an appeal, though worthless does have one added benefit. It gives you time to find a lawyer before the fine becomes permanent. It is not needed to hire a lawyer to represent you in the appeal and anything you say at the appeal will likely be recorded by the HOA and used against you if a suit is filed. HOA Board members usually do not know the law, procedure, or the property code, thus these appeal hearings are shams to give the illusion that you are being heard.
If you are being fined by the management company or HOA best thing to do is file suit or send a demand letter.
Dallas Texas HOA Attorneys
Nacol Law Firm P.C.
(972) 690-3333
NACOL LAW FIRM P.C.
8144 Walnut Hill Lane
Suite 1190
Dallas, Texas 75231
972-690-3333
Office Hours
Monday – Thursday, 8am – 5pm
Friday, 8:30am – 5pm
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Attorney Mark A. Nacol is board certified in Civil Trial Law by the Texas Board of Legal Specialization