Legal Question in Real Estate Law in Texas

Regarding powers of Home Owners Association. While we have deed restrictions for landscaping, they have never been enforced in the 11 years I have lived there nor has anyone ever been required to request to the ACC for approval prior to landscaping changes. We have recently had a new president (6 weeks ago) who is inserted gestapo rule. I recently paved my walkway from my front door to the street with flagstone and slate pavers never thinking I needed to ask permission. Upon completion (6-8) week project, I received an attorney demand letter (first notice when our bylaws required 3 notices prior to the attorney demand letter) stating I had 14 days to destroy and remove the walkway. I have had neighbors tell me that the president states he is going to make an example of me. All the prior landscapings (some of which are awful) are being grandfathered and not being asked to correct or remove. What recourse do I have to save my walkway? Thank you.


Asked on 6/01/10, 11:26 am

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

If they sue you and they may not win as a result of their previous behavior. However, the cost of defense would be prohibitive. It would be cheaper to remove the pavers - alternatively, rally the other board members and perhaps you can get authorization to have the pavers.

Read more
Answered on 6/01/10, 3:50 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Texas