Houston Real Estate Law – Homeowner & Condominium Associations
Many communities in Sugar Land, Missouri City, Stafford and other greater Houston cities are governed by homeowners associations and condominium associations. These associations may offer benefits for property owners, such as support for local land values and the provision of key services. However, they can also have substantial drawbacks. It is critical for property owners to understand how to navigate the real estate law landscape and deal effectively with HOAs and condo associations.
Property Law Issues Surrounding Homeowners Associations and Condo Associations
Dealing with a homeowners association or condo association is a major component of consumer law, business law and commercial litigation. Disputes commonly arise over the nature, timing and payment of assessments – the fees that associations charge for the services they provide.
If a property owner becomes delinquent on an assessment payment, his or her homeowners association or condo association may place a lien on the pertinent property. The circumstances under which such liens may be placed are typically spelled out in the covenant that binds the homeowner to the association. If the property owner does not satisfy the debt to which the lien applies, the association may initiate foreclosure proceedings on the property – even if the property owner is current on mortgage payments.
However, homeowners have numerous lines of defense against HOA foreclosure. Common arguments include:
- The association failed to file statutory requirements for foreclosure
- The fees that prompted the lien were unreasonable or inaccurate
- The assessments or fees were not authorized by the covenant or other governing documents
- The lien was improperly recorded with local authorities
- Payments were miscalculated, misapplied or misappropriated
Depending on the nature of the situation, there may be other means of defending against an HOA foreclosure and similar adverse actions.
Sugar Land Residential Real Estate Attorneys Assist with HOAs and Condominium Associations
At The Law Office of Henry A. Jakob, PLLC, we have extensive experience in a wide range of real estate law issues. We understand that the threat of losing one’s home or property requires immediate, forceful action as well as compassionate, personalized attention. We also understand that the threat of HOA foreclosure or other adverse action can be charged with emotion. As such, we pride ourselves on handling every aspect of our clients’ legal actions to ensure that they have the time and energy to focus on personal and family matters.
Whether you are a Pearland homeowner who wishes to explore your legal options in an ongoing battle with a homeowners association or a Houston condo owner who needs a lawyer’s assistance in a pressing condo association matter, we are ready to evaluate the specifics of your case and recommend a suitable course of action.
Contact Us Today
For more information about how our Houston real estate attorney can help you address issues related to HOAs and condominium associations in Galveston, Fort Bend, Harris and Waller County, please schedule a consultation using the online form or by calling 713.640.5700.