Legal Question in Real Estate Law in Texas

Homeowners association

I am going to sue my homeowners assoction for assestment fees collected for 7 years that were not supposed to have been paid. Our home sits on 2 lots and the association has charged us 50% for the 2nd lot. After reading the deed restrictions it says the association can charge 50% until a permantent home is constructed. According the the plat and the survery our home sitting over the building line would prevent us from selling the lot or building on it. I have paid for 7 years. They have refused to return the money so I want to know in texas if i can sue for interest?


Asked on 7/22/08, 12:48 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Homeowners association

Sure you can, but you will be seeking a declaratory judgment to amend the declaration or restrictions or a judgment in equity and the cost could top $10K court costs and attorney fees. Another option would be to file a suit yourself in small claims court. The limit you can claim is $10,000. That would be the way to go, however, the justice of the peace will probably decide not to hear the suit since it involves real property rights and obligations. The JP may feel that this type of case would be beyond the scope of the court's jurisdiction. It is worth a try and the filing fee is usually under $100.

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Answered on 7/22/08, 6:35 pm


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