Maintenance fees and related charges are among the most troublesome and time-consuming activities facing any community association. Homeowners and condo owners sometimes resist making payments for assessments or annual dues, or in reaction to fines for violating association rules.
At such times, a good attorney can ease the difficulties of collecting on past-due obligations. Since 1993, Sears | Bennett | LLP, in Houston has represented homeowners associations (HOAs), condominium associations and property management companies throughout Texas in collecting on money that is due to them.
Judicial and Non-Judicial Foreclosures | HOA and Condo Foreclosure Lawyers Serving Sugar Land, Pearland, Missouri City, Houston and Tomball
In our experience, most collections can be handled by sending a notification letter to remind the residents that their payments are delinquent, and that your association is serious about collecting money and enforcing rules. When possible, we use negotiations to get our clients what they need, with a minimum of expense.
However, the threat of foreclosure is a tool many community associations keep in reserve as an option in enforcing rules and regulations. The reasons for using the foreclosure option can be as varied as the rules a community association seeks to uphold:
- A homeowner may have signed a covenant prohibiting him or her from painting the home an unapproved color, or creating an obligation to perform exterior maintenance, yet refuses to comply with that covenant.
- A condominium owner may have agreed in writing not to modify wiring, plumbing or other aspects of his or her dwelling without board consent, yet did so anyway.
- A resident may have violated association rules by having loud parties, storing junk vehicles on his or her property or running a home business, despite repeated warnings.
Our seasoned lawyers will not only help your association draft effective rules, we can help you enforce them. Our years of experience give us the judgment to advise you when to use foreclosure, whether as a negotiating tool to gain compliance or as a final option to eliminate a problem for the benefit of your members.
Houston HOA and Condo Maintenance Fee Collection Lawyers | Condominium and Homeowners Association Representation
HOAs and condo associations have different legal obligations regarding foreclosures. For condominiums, an association has the right to foreclose by "non-judicial" means, meaning it can be done out of court. Other types of governing associations must follow a judicial process, such as by going to court to secure a foreclosure.
In either case, our experienced Texas foreclosure attorneys can guide you through the proper steps in pursuing foreclosures and in resolving a problem with noncompliance or fee collections.
Non-judicial foreclosure: Handled at the courthouse steps on the first Tuesday of every month. Once the foreclosure is approved, your lawyer acts as a trustee, selling the property at an auction to the highest bidder, who takes the property as-is with no representations or warranties, subject to superior liens, if any.
Judicial foreclosure: This process involves filing a lawsuit in county or district court. A trial is scheduled approximately 18 months out. A writ of execution and order of sale is ultimately granted, and is executed by a constable.
For more information, or to consult with our attorneys, contact us online or call 713-782-1788.
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