attorney in texas who specializes in home owner associations

How do property owners'associations work in Texas?

Houston, TX Homeowners Association Law Firms Law Offices of J. Steven Stewart. Dorsett, Johnson & Swift,LLP is a diversified law firm serving the business community. Martin M. Hokanson Attorney at Law. With almost 40 years experience, I know real estate and probate law - no matter if... Michael S. ...

What is an HOA in Texas?

Manning & Meyers specializes in the representation of condominium and homeowners associations. Our HOA litigation attorneys have developed substantial expertise and experience in dealing with management companies and serving boards of directors of associations. We understand that the ultimate client is the homeowner and we strive to provide the ...

Why do I need an attorney for my Hoa?

At Katine Nechman McLaurin in Houston, Texas, we have a deep background representing property and homeowners' associations in complicated real estate disputes. Call 713-568-3323 …

When to contact An Hoa attorney for a dispute?

Apr 01, 2022 · While most people refer to them as "homeowners' associations" or "HOAs," the term that Texas law uses is "property owners' association." These organizations are defined in Section 202.001 of the Texas Property Code as: "[A]n incorporated or unincorporated association owned by or whose members consist primarily of the owners of the property covered by the …

Can you sue HOA in Texas?

If the HOA breaches a rule or regulation of the governing documents, homeowners may have grounds for a lawsuit and whether a contract has been breached is a question of law for the court.Sep 8, 2017

Who regulates HOAs in Texas?

Texas's Fair Housing Act, Tex. Prop. Code §15.301, et. seq., provides state-level protections similar to the FHA and is administered by the Texas Workforce Commission.

Are HOAs legal in Texas?

HOAs are barred from requiring access to lease agreements and are only allowed to request a tenant's contact info and lease beginning and end dates. HOAs are required to solicit bids for contracts for services over $50,000.Sep 1, 2021

Can HOA board members be sued individually in Texas?

Unhappy homeowners can sue the HOA and the board members individually for any number of reasons; for example, if the HOA fails to properly maintain a common area, or discriminates when enforcing a rule.

How do I get rid of an HOA in Texas?

The Dissolution Process If the bylaws allow it, you can vote to dissolve the HOA. If the bylaws do not allow for dissolution, you can amend them to allow it, and then vote to do so according to the amended bylaws. You must get the consent of a majority of members to proceed (anywhere between 80-100%).Sep 9, 2021

What power does HOA have in Texas?

In most cases, HOAs provide maintenance for shared public areas that may include swimming pools, parks and green space. They may also enforce covenants, conditions and restrictions (CC&Rs) regarding the appearance and proper maintenance of each property in the neighborhood.Feb 9, 2016

What are the new Texas HOA Laws 2021?

SB 1588 requires HOAs to file a “management certificate” with the county clerk identifying who is responsible for managing its operations. The Texas Real Estate Commission (TREC) has until December 1, 2021 to create a publicly-accessible database where HOAs can file these certificates.Oct 25, 2021

What are the new HOA laws in Texas?

The new legislation gives homeowners 45 days. HOAs also have to provide detailed notice to the owner and provide a payment plan option before reporting delinquencies to credit reporting services. HOAs keep communities beautiful and amenities maintained.Sep 2, 2021

What to do if HOA does not respond?

If your HOA is unresponsive to written communication, the first thing you want to do is take every action to contact the directors by phone. If you get no answers, find out if they are holding a meeting and attend it. If they still don't address your concern, you might need to seek legal advice.

Can board members be held personally liable?

In the worst case, individual board members may be held personally liable for injury claims that will ruin them financially. Directors' and Officers' liability insurance is available, but the cost is often higher than many organizations can bear, and the scope of coverage is limited in any event.

What is fiduciary responsibility board member?

What does fiduciary mean? Fiduciary duty requires board members to stay objective, unselfish, responsible, honest, trustworthy, and efficient. Board members, as stewards of public trust, must always act for the good of the organization, rather than for the benefit of themselves.Oct 28, 2019

Can I sue my HOA for harassment?

Yes, you can generally sue your HOA in small claims court if the dispute is for $10,000 or less. It is quite common to take dispute resolution to the small claims court of your state. You will have to pay filing fees and may need to represent yourself, though some attorneys will represent you for a fee.Apr 6, 2013

Collection of Delinquent Assessments

Assessments are the lifeblood of any Homeowners Association or Condominium Association. Without assessments, a community would not be able to provide the amenities that its members deserve and come to enjoy.

HOA Law

Manning & Meyers specializes in the representation of Condominium and Homeowners Associations. We have developed substantial expertise and experience in dealing with management companies and serving Boards of Directors of Associations.

Assessment Lien Foreclosure

Assessment Lien Foreclosure is a powerful tool that may be used by HOAs and Condominiums to collect delinquent assessments from homeowners that refuse to pay. Our firm’s goal in proceeding forward with foreclosure of Assessment Liens is to collect the debt, and not foreclose the home.

Condo Law

Our firm works with a number of Condominium Associations in the fields of Assessment Collection, amendment of Dedicatory Instruments and the enforcement of Rules and Regulations. We have developed substantial expertise in these fields and work to serve Boards of Directors with the utmost care and attention.

Testimonials

Manning & Meyers has been working with our HOA Management company and have done an excellent job of handling our legal needs, clear communication and very responsive.

Barsalou & Associates, P.L.L.C

Homeowners Association Lawyers at 4635 Southwest Freeway, Suite 580, Houston, TX 77027

Law Offices of Craig Seldin PLLC

Homeowners Association Lawyers at 24 Sugarberry Cir., Houston, TX 77024-7251

Martin M. Hokanson Attorney at Law

Homeowners Association Lawyers Serving Houston, TX and Fort Bend County, Texas

Dorsett, Johnson & Swift Attorneys at Law

Dorsett, Johnson & Swift,LLP is a diversified law firm serving the business community. We maintain offices in Fort Worth, Austin, Houston and Brownsville.

Pulman, Cappuccio & Pullen, LLP

A Law Firm practicing Homeowners Association Law. PC&P is comprised of attorneys with over 150 years of combined experience providing exemplary representation for clients in ... Read More matters involving litigation, mediation, and arbitration;

Stewart & Wiley

Homeowners Association Lawyers Serving Houston, TX and Montgomery County, Texas

Rasco Law Firm

Homeowners Association Lawyers Serving Houston, TX and Fort Bend County, Texas

Homeowners' Association Matters in Texas

The largest part of our real estate practice involves representing property owners and homeowners' associations. We are one of a few law firms helping both property owners and homeowners' associations — we have in-depth understanding of the challenges each party faces.

Contact Us When Experience Matters

Hire a lawyer whom you can trust to handle your real estate or homeowners' association concerns. Contact us today — we are ready to help you quickly resolve your real estate dispute.

What is the Texas Homeowners Association Law 4th edition?

In addition to being a wonderful cataloging of Texas law, it contains many sample documents such as meeting notices, requests to inspect books and records, notices of fines and liens, and more.

What is the Houston chapter of the Community Associations Institute?

The Greater Houston Chapter of the Community Associations Institute provides a free hotline staffed by non-attorney experts in property owners' association law. Homeowners can call or email the hotline for information about the operation of their property owners association.

What is the Texas Property Code?

Texas Property Code, Chapter 202 . This chapter discusses “restrictive covenants” in general, their construction, and their enforcement. It lists certain restrictions that are prohibited by law and also contains a provision related to an association's duty to file dedicatory instruments with the county. Texas Business Organizations Code, Chapter 22.

What does an attorney do for a HOA?

Your attorney can also keep you informed of changes in the laws and give you advice on how to handle matters as they come up. HOA's have responsibilities to maintain the common areas of your community and make repairs, but they don't have the rights to infringe on your freedom and personal life.

How to resolve a dispute with a HOA?

Hire an Attorney. If you are involved in a dispute with your HOA, you should hire an HOA attorney to assist you. HOA matters can become heated and emotional, so it is best to have an experienced attorney handle the negotiations and resolve the dispute for you.

What to do if you are fined by your homeowners association?

If you have been cited, fined, want to sue your homeowners' association or your homeowners' association has filed a lawsuit against you, then you should contact a HOA attorney. While it is unpleasant to be in a dispute with your association, it is quite common. The attorney is knowledgeable about HOA dispute matters and state laws.

What is an association in a condominium?

The association is a governing body that runs your planned community or condominium building. They association has a board of directors. Residents are elected to serve in positions such as President, Secretary and Chief Financial Offer or Treasurer.

Can you sue a homeowner association without giving notice?

Although some homeowners associations have been known to file a lawsuit without giving notice to the homeowner accused of violations.

What can a lawyer do for a HOA?

An HOA lawyer can also help with making changes to the governing documents to modify everything from architectural guidelines to increase the number of board members. Amending the HOA governing documents is no small act. The process can take some time and a great deal of work.

What does a HOA attorney do?

An HOA attorney can serve as general legal counsel when it comes to management concerns , such as disputes or accusations of discriminatory behavior.

Why is a HOA attorney important?

Why an HOA Attorney Is So Important. Any organization, whether for profit or not, can benefit from the aid of an attorney. That’s why so many companies have attorneys on retainer or even hire their own corporate counsel. Attorneys protect organizations, that’s just the way it is. And a homeowners association is no different.

What happens if a HOA board is not upholding its responsibilities?

If a board is found to not be upholding these responsibilities or acting neglectfully, homeowners within the association may take legal action. The board of directors would then need legal representation, and in many cases, a lawyer they have already retained will be able to assist.

What do HOAs do?

Most HOA boards do everything they can to collect delinquent dues, including imposing late fees and even revoking privileges. If the board chooses to take further action, such as file a lawsuit or place a lien on the property, it will need the help of HOA attorneys.

What is important to know about having an attorney?

Just as important as having an attorney, though, is finding the right one. Make sure to look at credentials, testimonies, and expertise when evaluating prospects. Beyond that, ensure that the attorney you ultimately select shares the same ideals as your association and works well with your board.

Is real estate the same as HOA?

However, real estate law pertains to homeownership and disputes, not necessarily the same matters an HOA deals with. HOA governing documents function more as contracts. As such, an attorney who specializes in business or contractual law is a better option for matters involving governing documents.