It is estimated that nearly 64 million Americans live in Association-governed communities, including homeowner’s associations, condominiums, cooperatives or other types of planned communities.
More often than not, a community association or homeowners association is governed by one or more legally binding documents, including such things as by-laws, deed restrictions, or something called a Declaration of Covenants, Conditions & Restrictions (CC&Rs). CC&Rs are essentially the “rules” of the community that are put in to place to protect property values, or otherwise preserve or enhance the neighborhood or condominium. The oft cited purpose of a CC&R is to promote uniformity and compliance amongst all of the properties within the association. If a CC&R is recorded as part of a deed restriction, it may be considered a binding contract on both parties.
CC&Rs can have a benefit to all members of the association. However, often times a homeowner may not be fully aware of the contents of the CC&Rs, which can cause confusion, anger or downright regret following the purchase of a piece of real property.
Violation of CC&Rs could include a fine, forceful compliance, or even a lawsuit brought by the HOA against the homeowner. Often times, a homeowner simply wants to make minor alterations to their home or property and are disappointed to find out their property rights may be limited by deed restrictions, by-laws, or other governing documents. The most frequent subject of a lawsuit is unpaid dues or assessments levied against the homeowner by the Association. Texas is one of several states in the United States that allow a HOA to foreclose upon a person’s home for unpaid dues or assessments without the need for a judicial determination.
If you are faced with the prospect of these or other issues by your homeowner’s association, contact The Grant Law Firm, PLLC to find out what your rights and remedies are. Ryan M. Grant spent years defending HOAs from claims brought by homeowners or other injured parties. He has a keen understanding and insight of how HOAs are supposed to operate in conjunction with their governing documents and/or applicable Texas law. The Grant Law Firm, PLLC is ready to put its knowledge to work for hard working homeowners who are faced with difficult HOAs who are threatening their property rights.