Legal Question in Real Estate Law in Texas

A common water pipe burst in the living room of my townhouse. The carpent was damaged and the Board reimbursed me for new carpet. It was aroung $750. The new Board came in & charged back this reimbursement to my account. Can they do this? Is this legal? I have sent 3 certified letters requesting answers to questions & only get a letter from the management company that the Board has refused to answer my questions. I should go to a Board meeting... I cannot make these meetings that are quarterly & often the time is not good for me. Is it legal that they charge this back to me when the previous Board approve & reimbursed me? Thank you.


Asked on 10/13/12, 7:53 am

1 Answer from Attorneys
EDWARD KAZALEH KAZALEH & ASSOCIATES, LLP

First of all, ALL the records COMPLETELY are available for you to inspect and copy freely as an owner of a unit duing regular business hours. IF they deny that to you, you really should email me or any Lawyer. I've done a lot of work on condo and TH associations and really seen all kinds of things. A few management companies and associations are regularly in Court for their own misconduct or refusing to comply with the law. You should be able to see from the records why they changed their mind and based upon what. If the pipe is in the common area and you had nothing to do with it, you should not be responsible. However, I've seen some associations that created amended By Laws that hold the owner responsible for pipes inside the walls or ceiling of their units, by agreement or adopted resolution. If you get no where, you likely need to get an Attorney involved. If you would like a brief no cost/ no oblgation consultation, just email me: [email protected]

Thanks

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Answered on 10/17/12, 9:07 am


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