Legal Question in Real Estate Law in Texas

When I bought my property it was paved. I live in gated community and pay my dues and expect

my road to be maintained.

Can a member of a home owners association sue the board members of that association for not

vetoing to maintain the road coming up to and in front of that members property. A survey was taken last month of all the members of the home owners association and it was voted to pave the road instead of putting more gravel on that road. The board members had voted to gravel the road last year without asking the members of the association. The only house that the gravel road effects is my house. The dust from the road covers my house, lawn and pastures.

The board members do not even have a plan to maintain the gravel road which have big holes and which I feel can be dangerous to people driving on the road.

I have also been attacked by one board member by e-mail for voicing my opinion on how the money in our treasury should be spent on paving the roads instead of graveling more road in front

of my property.

The board members can not be replaced until next year by the membership.


Asked on 8/15/10, 4:16 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Sadly anyone can sue for anything. Whether they win is another question. To assess your rights, an attorney will need to examine the applicable documents that address the construction and maintenance of the road. If, by chance, the road is a county road (which I doubt since it is gaited) you may be able to ask the county for assistance.

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Answered on 8/24/10, 8:17 am


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