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When your HOA is the other side.
An architectural committee that will not decide your application on the declaration’s own terms, a fine or a legal-fee charge levied without the notice the Property Code requires, a board acting without a properly noticed meeting. We represent homeowners against their association, in Williamson and Travis Counties and across Texas.
What we handle
- Architectural control denials and conditions on approval
- Fines, assessments and legal-fee charges against a lot
- Board action without the required notice, hearing or meeting
- Declaratory judgments on what the declaration actually requires
- Injunctions requiring the association to follow its own rules
- Disputes between neighbors under shared restrictions
How we approach it
An association’s discretionary decisions are presumed reasonable under Texas law, so a homeowner’s case is built on the record: the declaration and every recorded amendment, the application and what was submitted with it, the denial, and whether the association gave the notice and hearing the Property Code requires.
In Burns v. Sunset Ridge at Tucker Knob HOA, in the 425th District Court of Williamson County, lot owners are suing their association over the denial of a complete architectural application and a legal-fee assessment against their lot. The petition is published on this site, and how a suit against an association works is set out in the catalog.
Questions people ask
Can I sue my HOA in Texas?
Yes. An owner can sue to enforce the declaration, for a declaratory judgment on what it requires, and for an injunction. The case turns on showing that the decision was arbitrary, capricious or discriminatory, or that the association skipped the notice and hearing the Property Code requires.
Does my HOA have to give notice before fining me?
Generally yes. Before most enforcement actions, including fines, a Texas association must give written notice describing the violation, a reasonable period to cure, and notice of the owner’s right to request a hearing before the board.
What should I send you?
The declaration and any amendments, the letters from the association or its lawyer, your application and what you submitted with it, and any notice of a fine or charge.
Where would the case be filed?
A suit concerning an interest in real property is filed in the county where the property is — for a home in Round Rock, Georgetown or Cedar Park, usually Williamson County.