Condo associations and homeowners associations (HOAs) need to craft and enforce bylaws and restrictions regarding their members' property maintenance and use.
At Sears | Bennett | LLP, in Houston, Texas, our seasoned attorneys represent HOAs and condo associations in drafting condominium bylaws and deed restrictions that are legally sound and enforceable. Further, we assist these clients in enforcing these restrictions according to the law.
Restrictions that we frequently help our clients enforce include:
- Exterior maintenance guidelines
- Use restrictions
- Collection of past-due assessments
- Judicial and non-judicial foreclosure for nonpayment
Condo Association and HOA Regulations Lawyers Serving Missouri City, Sugar Land, Pearland, Houston and Tomball | Deed Restriction Enforcement
Since 1993, we have assisted community associations with their corporate governance issues. As a result, we are very familiar with the proper procedures in enforcing deed restrictions.
Over the years, we've learned that while a threat of foreclosure can be effective, carrying out such threats is usually an act of last resort. A judicial foreclosure, in particular, can be time consuming and expensive. When practical and possible, we advise pursuing enforcement through negotiations. If the matter cannot be settled out of court, our years of experience litigating in Texas courts can work to your advantage. We can also work to secure civil damages.
Regardless of the legal path that is required, the process for notifying a noncompliant resident is the same.
Notification and request for compliance: When a homeowner fails to comply with a deed restriction — for instance, by making unapproved alterations to a home's appearance or using the property to run a business — we will typically begin the enforcement process by sending a letter of request on your behalf. The homeowner will have, generally, three to 45 days to comply with the restrictions.
Final demands and court filing: If the homeowner does not rectify the violation within the specified time frame, we will send a final demand letter. Should the homeowner continue to violate the restriction, we can file a petition with the court, which is essentially a breach of contract lawsuit.
In the end, our goal is the same as yours: to get the homeowner to correct the violation. To that end, we will use photographs, documentation, inspection results and other proof that a violation has occurred as leverage toward securing compliance. We will also keep your board apprised of any developments so that it can make informed decisions.
Houston Deed Restrictions and Enforcement Lawyers
Sears | Bennett | LLP, offers consultations to prospective clients concerning condominium association issues. To discuss your organization's situation, please contact us online in Houston, Texas, or by calling 713-782-1788.
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