Legal Question in Civil Litigation in Texas

Homeowner's Assocation Irresponsibility

Is it illegal to post a sign in a your own front yard warning potential buyer's in a new neighborhood to beware or to ask questions before purchasing property in a neighborhood? The developer of our neighborhood is still in control of the homeowner's association, for which we pay annual dues and refuses to do anything to live up to the rules and covenants in our by-laws.The developer is the board of directors for the homeowners association since he still owns the majority of the lots for developement.

He has refused to repair several things that need to be repaired in the neigborhood, such as the gates that are supposed to be closed for security and are never closed. The jogging trail that remains un-lit and full of debris that comes from wash-off after a rain. Dead trees in the islands on the streets. Problems too numberous to mention. Every complaint the homeowner's direct toward the homeowner's association is denied by them and the board of directors (the developer).

Is there any way we can stop this before more covenants are broken and our property values are decreased because of the violations? Can we post a sign in our front yard telling potential buyers to ask us questions before buying?


Asked on 9/14/01, 2:45 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Homeowner's Assocation Irresponsibility

It may be illegal to post a sign in your yard in violation of the deed restrictions. Please bear in mind that any property owner may enforce the deed restrictions. If you can get a group together, you could sue the developer for failure to protect your property interests by ignoring the deed restrictions. Figure on a war chest of about $25,000 to get everything done.

While it's nice for the homeowner's association to enforce the deed restrictions, you could get an ad hoc group of homeowners to do the same thing.

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Answered on 10/26/01, 12:45 pm


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