Legal Question in Real Estate Law in Texas

HOA ripping me off

I pay Hoa assestments on 2 lots. I have a house built over the building line of 2 lots. My legal address includes both lots but I am being charged 50% of the assestment fees for the second lot. I am not able to build a house there so according to the deed would they be able to collect that additional assestment from me.

Deed:

Section 6. Rate of Assessments. The Board of Trustees, in its

discretion, may fix, by resolution specifying such amount, the regular

annual assessment at any amount not in excess of the maximum then

permitted under the terms of Section 3. above, and such regular annual

assessment for the Lots, when fixed, shall be assessed and paid at the

following uniform rates:

(a) The rate for all Lots other than those Lots owned

by Declarant, shall be fifty percent (50%) of the regular

annual assessment fixed by the Board of Trustees until the

first day of the month following completion and occupancy of

a permanent residential structure on such Lot; thereafter,

such rate shall be one hundred percent (100%) of the

applicable regular annual assessment as to such Lot owned

by the Owner on whose property such permanent structure

has been erected.


Asked on 6/16/08, 1:25 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: HOA ripping me off

The cheapest way to handle it would be to lobby the board of directors get the HOA to pass a resolution giving you a break for your situation. If you were to litigate the issue, it may cost up to $10,000 in legal fees and court costs and you may not win. With that said, maybe a strong letter from an attorney with the threat of litigation may wake up the board if they fail to cooperate.

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Answered on 6/16/08, 1:44 pm


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