Homeowner’s Associations

Homeowner’s Associations are corporations formed during the development of real estate. Real estate developers form these associations to uphold standards within their community in hopes of maintaining property values and to help sell the individual properties. They protect the value of their properties by controlling the manner of usage of, and proposed changes to, the properties. This control of what can and cannot but done derives from the Texas statutes, the bylaws of the association, and the covenants, conditions, and restrictions recorded in the public record. As such, it is important to draft the founding documents of the homeowner’s association well. Well drafted documents will clarify the rules for those who run the association and the members of the association.

Homeowner’s associations levy mandatory assessment fees to support their operation. They may also issue fines for violations of their rules. Since membership in the association is mandatory, owners are subject to both the levies and fines upon purchase of a property governed by a homeowners’ association. The members of the association may need legal assistance when faced with arbitrary fines or other inappropriate enforcement actions.

Given that there are so many sources of rules governing each homeowner’s association, it is well worth contacting the lawyers at Hammerle Finley. We can help with the formation of the association itself, as well as any disputes that arise between an association and one of its members.