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 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 Home Owner’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.
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