Frequently Asked Questions About Homeowners Associations

Shared interest developments, including subdivisions, condominiums and town houses, are common in Texas. These developments usually include a homeowners association that manages the property, and creates and enforces rules. That brings up a lot of questions. Here are answers to some we at the firm of Barsalou & Associates, P.L.L.C., get asked frequently.

What Are Covenants, Conditions And Restrictions?

These are the rules of your neighborhood. The covenants, conditions and restrictions (CC&Rs) are legal limitations and requirements about what a property owner (member) can do with their property. They were created to protect, preserve and enhance property values.

Penalties for CC&R and rules violations can include:

  • Fines
  • Forced compliance
  • Lawsuits
  • Privilege suspension

How Can An Attorney Help Our HOA?

If members do not follow the CC&Rs, there can be fines, lawsuits, property liens and possible foreclosures. If alleged violations are not resolved, the HOA can bring legal action for enforcement. Collection of unpaid assessments and enforcement can be time-consuming, and stressful for boards and property managers, but are necessary to preserve the quality of life in the neighborhood and protect property values. A lawyer can help collect assessments and enforce deed restriction to keep your neighborhood thriving. In addition, your lawyer can assist you with any number of corporate matters, such as the amendment of CC&Rs, the Bylaws, and the Rules and Regulations. Your lawyer can also help you comply with laws affecting and regulating your HOA.

Supporting Your HOA Right To Preserve The Development

Sometimes community members violate the CC&Rs. If that happens, it can mean a legal battle. The attorneys at Barsalou & Associates, P.L.L.C., can protect your HOA rights. Call our offices if you need HOA assistance in Houston or the surrounding area at 713-396-3871 or email us.