San Antonio HOA Lawyer Trey Wilson wrote:
A jury has spoken in the somewhat protracted dispute between the Ventura s HOA and various owners of properties in that northeast Bexar County subdivision. The former HOA President and its former attorney were hit with a whopping $280K verdict on December 21, 2012.
Watch the videos from WOAI TV below.
Showing posts with label HOA lawyer. Show all posts
Showing posts with label HOA lawyer. Show all posts
12.30.2011
Texas Supreme Court Posts New Rules Regarding Foreclosure of HOA Liens
San Antonio HOA Lawyer Trey Wilson wrote:
Today, the Texas Supreme Court posted the final version of its revisions to Texas Rules of Civil Procedure 735 and 736, governing the foreclosure of certain liens, including HOA assessment liens. The Court's full Order is posted here.
The Texas Legislature directed the Supreme Court to enact new rules relating to judicial foreclosures, when it adopted HB 1228 (82nd Leg., R.S.). That Legislation was one of numerous HOA reform bills adopted last session by Texas lawmakers.
The original analysis of the bill provided the following summary of its purpose.
Stay tuned to this blog for a future post summarizing the new rules and their practical effect.
Notably, the new Rules apply to foreclosures commenced on or after January 1, 2012.
Today, the Texas Supreme Court posted the final version of its revisions to Texas Rules of Civil Procedure 735 and 736, governing the foreclosure of certain liens, including HOA assessment liens. The Court's full Order is posted here.
The Texas Legislature directed the Supreme Court to enact new rules relating to judicial foreclosures, when it adopted HB 1228 (82nd Leg., R.S.). That Legislation was one of numerous HOA reform bills adopted last session by Texas lawmakers.
The original analysis of the bill provided the following summary of its purpose.
Currently, a property owners' association may foreclose on real property for the property owner's failure to pay association assessments. In many instances, the foreclosed property is encumbered with a first lien that is not disposed of when the foreclosure sale occurs because there is no requirement to notify the lienholder of the foreclosure or the sale. H.B. 1228 sets out provisions relating to notice and providing the lienholder with an opportunity to cure a delinquency before a foreclosure sale.
Stay tuned to this blog for a future post summarizing the new rules and their practical effect.
Notably, the new Rules apply to foreclosures commenced on or after January 1, 2012.
12.27.2011
New homeowner association laws in Texas designed to curb abuses
This article from the Ft. Worth Star Telegram contains an excellent summary of new HOA laws going to effect on January 1, 2012.
New homeowner association laws in Texas designed to curb abuses
New homeowner association laws in Texas designed to curb abuses
Sometimes Fences Anger Neighbors... Especially Litigious Ones!
San Antonio HOA Attorney Trey Wilson wrote:
My client, the Zuehl Airport Flying Community Owners Association, was featured in the following article, which appeared in today's San Antonio Express News:
FENCE BESIDE AIRSTRIP AT ROOT Of DISPUTE
Guadalupe County officials accused of RICO violations.
By Zeke MacCormack, zeke@express-news.net
ZUEHL — A fence erected in 2008 beside a rural airfield here in southwest Guadalupe County has spurred a rash of lawsuits, the latest of which accuses dozens of county officials of engaging in organized crime and seeks $31 million in damages.
The defendants deny the allegations made by New Braunfels resident David Goad, whose prior self-drafted court pleadings led to his being declared a vexatious litigant.
Goad claims the fence installed by the property owners association illegally blocks access from the lot to subdivision roads, taxiways and the 3,000-foot airstrip. The fence runs along the edge of a portion of Windsock Lane that is largely undeveloped. The association says the Goad parcel lies outside the platted subdivision, so they can bar access to roads and the airstrip.
Goad's suit also asserts that association members conspired with county officials to deprive Goad of his rights, and to have him and witnesses he called at prior hearings arrested.
Read more in the Express News
My client, the Zuehl Airport Flying Community Owners Association, was featured in the following article, which appeared in today's San Antonio Express News:
FENCE BESIDE AIRSTRIP AT ROOT Of DISPUTE
Guadalupe County officials accused of RICO violations.
By Zeke MacCormack, zeke@express-news.net
ZUEHL — A fence erected in 2008 beside a rural airfield here in southwest Guadalupe County has spurred a rash of lawsuits, the latest of which accuses dozens of county officials of engaging in organized crime and seeks $31 million in damages.
The defendants deny the allegations made by New Braunfels resident David Goad, whose prior self-drafted court pleadings led to his being declared a vexatious litigant.
Goad claims the fence installed by the property owners association illegally blocks access from the lot to subdivision roads, taxiways and the 3,000-foot airstrip. The fence runs along the edge of a portion of Windsock Lane that is largely undeveloped. The association says the Goad parcel lies outside the platted subdivision, so they can bar access to roads and the airstrip.
Goad's suit also asserts that association members conspired with county officials to deprive Goad of his rights, and to have him and witnesses he called at prior hearings arrested.
Read more in the Express News
6.01.2011
Texas Legislature Passes 18 HOA Reform Bills in the Waning Moments of 82nd Legislative Session
Last night the fat lady sang, and we're "done" for 2011. Even if the Governor calls a Special Session, POA laws won't be on the agenda again (assuming no horrorific gut-wrenching headlines) until the 83rd Legislature meets in January 2013. That gives us a year and a half to figure out the many new POA laws that are going into effect between now and year end, and identify any fixes that may be needed.
WHAT PASSED?
18 POA Reform Bills have been sent to Governor Perry for the last step in the law-making process.
The 18 bills, together, constitute 30 independent law changes (by my count). If you have been watching specific POA Bills by number, here are the statewide POA-specific bills that passed: HB 8, HB 362, HB 1127, HB 1228, HB 1278, HB 1737, HB 1821, HB 2761, HB 2779, HB 3391, SB 101, SB 472, SB 498. These are the "bracketed" POA-specific bills that passed: HB 232, HB 364, HB 1071, HB 2702, HB 2869.
Whether you like the law changes or not, they are game-changers. A new day is dawning.
_______________________________________
GOVERNOR'S ROLE
After the Legislature finishes with a bill, it goes to Governor Perry, who has three options. He can sign the bill. He can veto the bill (all or nothing - no line item veto). Or, he can ignore the bill in which case it becomes law by its own terms. The Guv's options expire on June 19th.
========================
EFFECTIVE DATES
Most of the POA bills have specific dates on which they become effective - either September 1, 2011, or January 1, 2012. A few bills were written to become effective "immediately". When is that? If the Governor signs the bill, the date he signs is the date it becomes effective. If the Governor doesn't sign or veto, it becomes effective at the end of the veto period - on June 20th.
=======================
GETTING OUT THE WORD
"THE MEDIA" in Texas (and some of the anti-HOA blogs) has been duped into thinking that no meaningful HOA reforms were passed this Session. You've seen the headlines. We've got to correct that false impression, else the word will not filter down to the thousands of Texas POAs that are not connected to each other or to a reliable source of information about law changes.
Many of the POAs in Texas are small and self-managed. They plod along decade after decade in reliance on their POA documents and "the way we've always done it." Same is true of POA managers and POA lawyers who work with only one or a few POAs ~ they may be clueless about what's happening in Austin. They mean no harm, they just don't know any better. Hopefully the managers and lawyers who handle large numbers of POAs are in-the-know.
In order for the new reforms to work, everyone connected with Texas POAs needs to know about the law changes. For that, we need THE MEDIA. The same MEDIA that pummels POAs when they act badly now needs to beat the drum for the law changes so POAs can get on the right page. It's not fair for THE MEDIA to hide behind a log waiting to catch a POA violating a new law, when THE MEDIA doesn't do its part to reach the POAs with news of these sweeping law changes.
========================
WHERE TO FIND THE NEW LAWS
It may take months (many months) for publications of the Texas Property Code to be "amended and restated" with the Session changes. The State's own website announces that its online statutes and codes won't be updated until 2012. And it may be Fall 2011 before West Publishing produces its paper versions of the updated statutes and codes. CAUTION. If you put your hands on a paper version of the Texas Property Code, you can be pretty sure it's out of date regarding POA laws.
What to do in the interim? From the Legislature's FAQs . . ."Before the statutes are updated, use Texas Legislature Online to search, by subject, for enrolled bills and read summaries of the enrolled bills. Use the Index to Sections Affected tool to determine whether statute sections of interest to you were amended by any bills passed."
My recommendation, go to Texas Legislature Online, click on "Legislation", then on "Bill Look-Up." Enter the Bill Number ) from the attached chart, making sure the website is set for the 82(R) Legislature - 82nd Regular Session. (That's the default now, but may change if Gov. Perry calls a Special Session.) For "Information Type" select "Text." On the Text page, select the "Enrolled" version . . . the one at the bottom. You'll have a choice of Adobe, Word, and HTML versions.
= = = = = = = = =
HOW TO LEARN ABOUT THE NEW LAWS
It's going to be a scramble. Texas attorneys need time to get up to speed on the law changes so we can discuss the changes with our clients. Although some POA managers and directors are very knowledgeable about the new laws (and the old laws), attorneys licensed in Texas are the go-to resource for the effect of law changes. That's our job.
POAs with the wherewithal would be wise to schedule meetings with their lawyers, whose calendars may fill quickly during the transition period. Some large management companies may sponsor educational programs for their members. Some large management companies may do the same for their clients. Be on the lookout for programs and attend as many as you can. There may be more than one way to interpret and implement the new laws.
This post courtesy of Sharon Reuler.
WHAT PASSED?
18 POA Reform Bills have been sent to Governor Perry for the last step in the law-making process.
The 18 bills, together, constitute 30 independent law changes (by my count). If you have been watching specific POA Bills by number, here are the statewide POA-specific bills that passed: HB 8, HB 362, HB 1127, HB 1228, HB 1278, HB 1737, HB 1821, HB 2761, HB 2779, HB 3391, SB 101, SB 472, SB 498. These are the "bracketed" POA-specific bills that passed: HB 232, HB 364, HB 1071, HB 2702, HB 2869.
Whether you like the law changes or not, they are game-changers. A new day is dawning.
_______________________________________
GOVERNOR'S ROLE
After the Legislature finishes with a bill, it goes to Governor Perry, who has three options. He can sign the bill. He can veto the bill (all or nothing - no line item veto). Or, he can ignore the bill in which case it becomes law by its own terms. The Guv's options expire on June 19th.
========================
EFFECTIVE DATES
Most of the POA bills have specific dates on which they become effective - either September 1, 2011, or January 1, 2012. A few bills were written to become effective "immediately". When is that? If the Governor signs the bill, the date he signs is the date it becomes effective. If the Governor doesn't sign or veto, it becomes effective at the end of the veto period - on June 20th.
=======================
GETTING OUT THE WORD
"THE MEDIA" in Texas (and some of the anti-HOA blogs) has been duped into thinking that no meaningful HOA reforms were passed this Session. You've seen the headlines. We've got to correct that false impression, else the word will not filter down to the thousands of Texas POAs that are not connected to each other or to a reliable source of information about law changes.
Many of the POAs in Texas are small and self-managed. They plod along decade after decade in reliance on their POA documents and "the way we've always done it." Same is true of POA managers and POA lawyers who work with only one or a few POAs ~ they may be clueless about what's happening in Austin. They mean no harm, they just don't know any better. Hopefully the managers and lawyers who handle large numbers of POAs are in-the-know.
In order for the new reforms to work, everyone connected with Texas POAs needs to know about the law changes. For that, we need THE MEDIA. The same MEDIA that pummels POAs when they act badly now needs to beat the drum for the law changes so POAs can get on the right page. It's not fair for THE MEDIA to hide behind a log waiting to catch a POA violating a new law, when THE MEDIA doesn't do its part to reach the POAs with news of these sweeping law changes.
========================
WHERE TO FIND THE NEW LAWS
It may take months (many months) for publications of the Texas Property Code to be "amended and restated" with the Session changes. The State's own website announces that its online statutes and codes won't be updated until 2012. And it may be Fall 2011 before West Publishing produces its paper versions of the updated statutes and codes. CAUTION. If you put your hands on a paper version of the Texas Property Code, you can be pretty sure it's out of date regarding POA laws.
What to do in the interim? From the Legislature's FAQs . . ."Before the statutes are updated, use Texas Legislature Online to search, by subject, for enrolled bills and read summaries of the enrolled bills. Use the Index to Sections Affected tool to determine whether statute sections of interest to you were amended by any bills passed."
My recommendation, go to Texas Legislature Online, click on "Legislation", then on "Bill Look-Up." Enter the Bill Number ) from the attached chart, making sure the website is set for the 82(R) Legislature - 82nd Regular Session. (That's the default now, but may change if Gov. Perry calls a Special Session.) For "Information Type" select "Text." On the Text page, select the "Enrolled" version . . . the one at the bottom. You'll have a choice of Adobe, Word, and HTML versions.
= = = = = = = = =
HOW TO LEARN ABOUT THE NEW LAWS
It's going to be a scramble. Texas attorneys need time to get up to speed on the law changes so we can discuss the changes with our clients. Although some POA managers and directors are very knowledgeable about the new laws (and the old laws), attorneys licensed in Texas are the go-to resource for the effect of law changes. That's our job.
POAs with the wherewithal would be wise to schedule meetings with their lawyers, whose calendars may fill quickly during the transition period. Some large management companies may sponsor educational programs for their members. Some large management companies may do the same for their clients. Be on the lookout for programs and attend as many as you can. There may be more than one way to interpret and implement the new laws.
This post courtesy of Sharon Reuler.
11.05.2009
Trey Wilson Completes Arbitration Against Regency Park HOA
Our firm recently completed an evidentiary arbitration proceeding wherein we defended residents of San Antonio's Regency Park subdivision against claims made by that community's Homeowners Association. The dispute began in 2006 when our clients first request permission from the RPHOA's Architectural Committee to construct a swimming pool. The RPHOA and its ACC failed to respond for several months, but later engaged in a course of majing absurd demands of our clients.
By October 2007, the HOA still had not made a final decision, despite our clients submitting multiple applications, hiring a landscape designer and a professional enginerr-- all at the HOA's request. When the HOA failed to respond to our clients' final submission, they obtained "presumed approval" according to the terms of the applicable restrictions. Thereafter, our clients commenced construction of their pool. The HOA then filed suit and obtained a TRO preventing further construction.
Shortly after the TRO was issued, the HOA approved the swimming pool design, and construction was completed. The Association, however, sought to collect its attorneys fees associated with the TRO. The homeowners hired RLWPC on the eve opf trial over the attorneys' fees issues, and successfully had the lawsuit abataed and referred to arbitration as provided in the restrictive covenants.
A lengthy arbitration session was conducted by the Honorable Juan Gallardo -- a former district judge. Judge Gallardo's arbitration award is expected in the very near future.
By October 2007, the HOA still had not made a final decision, despite our clients submitting multiple applications, hiring a landscape designer and a professional enginerr-- all at the HOA's request. When the HOA failed to respond to our clients' final submission, they obtained "presumed approval" according to the terms of the applicable restrictions. Thereafter, our clients commenced construction of their pool. The HOA then filed suit and obtained a TRO preventing further construction.
Shortly after the TRO was issued, the HOA approved the swimming pool design, and construction was completed. The Association, however, sought to collect its attorneys fees associated with the TRO. The homeowners hired RLWPC on the eve opf trial over the attorneys' fees issues, and successfully had the lawsuit abataed and referred to arbitration as provided in the restrictive covenants.
A lengthy arbitration session was conducted by the Honorable Juan Gallardo -- a former district judge. Judge Gallardo's arbitration award is expected in the very near future.
8.01.2009
Deed Restrictions -- They Aren't Always Forever !
Many, many homwoners who are disgruntled with a neighbor or with their own HOA underestimate the importance of closely reading applicable deed restrictions (CC&R's). I'm always amazed at the number of people seeking legal representation against their HOA, but who don't even have a copy of their CCRs or Association By-laws.
That's right. That small type-face, fuzzy, packet you were given at the closing upon your home is importance. Too many times, homeowners either glance over the restrictions just once at closing, or never bother to look at them at all. They then get filed away, or thrown away, with little thought. This is a mistake, though,m because the restrictions can carry tremendous implications for property values, neighnborhood regulation, and assessing the authority of your HOA Board.
In some cases, we have determined that particular CCRs have expired, or that some mandatory condition required to give them continuing force has never occured. In those instances, the restrictions are usually legal nullities that cannot be enforced. When serving as lawyers representing owners against their HOA, a discovery that the CCRs are non-enforceable is a powerful weapon that almost always carries the day. However, the absence of restrictions/covenants cuts both ways, and can carry several negative implications for all property owners in a given development.
Determining the Effectiveness of CCRs:
Covenants/Restrictions are placed upon subdivisions by the original developers who plat them. Those developers then go about selling individual lots to future residents, or selling the enitire development to a homebuilder who then builds homes upon the lots and re-sells them, individually. In either instance, the developer is often long-gone before the subdivision is fully built-out and occupied. Ususally, he's gone-on to develop his next subdivision.
The restrictions enacted by the developer often have expiration dates 20 to 30 years after they are adopted. Those CCRs may also contain procedures to transfer control of the subdivision to a Homeowner's Association (HOA). In those instances, the HOA becomes the "enforcer" of the CCRs. However, unless there is some action taken to extend them, the CCRs still expire.
In other cases, an HOA is never formed, is improperly formed, or is formed before power to enforce the restrictions is properly transferred away from the developer (or his successor). Each of these situations may result in an inability to enforce restrictions.
Good and Bad:
Like all institutions, HOAs have good and bad aspects. Homeowners seem to enjoy the stewardship of HOAs who clean community pools, keep gates in good working order, erect Christmas lights, and prevent cell phone towers from being erected in enighborhoods. But, when the HOA spirals out of control on issues like yard watering, car bumper stickers, backyard swingsets and the like, they can be downright nasty.
In the end, well thought-out, equally-enforced restrictions probably benefit all owners of lots within a given subdivision because they promote uniformity, land-use integrity, and the common interest in preserving home values.
If faced with a dilemna regarding enforceability of CCRS, one should start with a good reading/review of the restrictions, including any expiration dates. When in doubt, contact a lawyer with experience in HOA law, including interpretating and litigating restrictions. A strong HOA lawyer can be an invaluable asset in understanding your rights and responsibilities within the context of community living and community associations.
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