Legal Question in Real Estate Law in Texas

Homeowners Associations Obligation

We live in a subdivision that is under the control of the developer until such time that it is handed over to the home owners which is several months away. The developer is President of the HOA and I have contacted him by certified mail that the neighbor behind us is in violation of numerous Covenant and Restriction violations that affect our property, the value of our property as well as our quality of life. He has sent a letter to the owner and given September 15, 2003 as a cutoff to submit plans to the HOA to remedy the violations which required HOA approval in the first place. These violations are strongly worded in the C&Rs and the C&Rs authorize enforcement action as well as ''relief pursuant to the applicable laws''.

The question is; can the developer as well as the homeowner in question be held accountable if no action is taken by the developer and can the developer be sued for damages in court for not upholding his fiduciary responsibility as developer and President of the HOA?


Asked on 8/18/03, 2:17 am

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Homeowners Associations Obligation

The developer has a responsibility to the homeowners and can be held negligent in executing his responsibilities if he fails to act accordingly. Unfortunately, it requires a lawsuit which may be time-consuming and expensive.

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Answered on 8/18/03, 7:28 pm


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