In his poem "Mending Wall," Robert Frost says that "Good fences make good neighbors." Frost's narrator displays contempt for walls erected between people, but sadly accepts the expression's truth. As a San Antonio lawyer who handles lawsuits involving homeowners associations (HOA) and disputes among neighbors, Trey Wilson has also found unfortunate wisdom in the maxim. This blog is a chronicle of one Texas attorney's observations about HOAs.
Representing Texas Homeowners Associations & those aggrieved by them
Attorney Trey Wilson handles lawsuits and pre-litigation disputes involving enforcement of restrictive covenants/deed restrictions, Homeowner Association member voting/ballot/proxy issues, HOA Board elections, collection of assessments/dues, placement and removal of liens, CCR/Declaration disputes, developer HOA control/turnover, ACC approval, HOA Board governance, Abuses by Homeowners Associations and drafting/amendment of HOA documents including By-laws.
4.07.2009
Origins of the HOA's right of Foreclosure...Understanding Inwood vs. Harris
Nonprofit homeowners' association brought action against homeowners who were delinquent in their payment of assessments. The 152nd District Court, Harris County, Jack O'Neill, J., awarded association judgment but denied foreclosure. The association appealed. The Houston Court of Appeals, Dunn, J., 707 S.W.2d 125, affirmed. Association petitioned for review. The Supreme Court, Robertson, J., held that homestead law did not protect homeowners against foreclosure for failure to pay assessments.