Legal Question in Real Estate Law in Texas

Repair Demands from HOA made in Error

The mgmt company for my HOA sent me a letter to replace my back fence and gave me 30 days to comply. I called and a rep told me that on common property, both homeowners are equally responsible for the cost. My neighbor verbally agreed to pay for half but now will not reimburse me because he claims he has no money. The HOA will not help me out because they now say that they sent me the letter in error -even though I questioned whether they were sure that the letter was supposed to be for my address. My fence old but was not falling down. I called twice and sent a letter but got no response from the HOA rep so I assumed that I needed to comply. Now the HOA rep has refused to support me and has gone so far as to say ''don't put me in the middle of the dispute'' even though she caused it. She lied to me about returning my calls before I replaced the fence. I complied with the demand letter and have gotten no support from the HOA. I dropped the issue but now after 6 mos, I just received another letter stating the same thing - that I need to replace my fence within 30 days and that it's the 4th notice (which it is not). Can I sue the mgmt comp to recover my expense? Obviously they are irresponsible. I feel harrassed.


Asked on 9/29/06, 4:25 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Repair Demands from HOA made in Error

Sue your neighbor in small claims court to get a judgment for her share. Take all info from the HOA requring the repair and ask the property manager to appear as a witness to support your side.

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Answered on 9/30/06, 10:15 am


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