It is really simple. When an investment is degraded by mismanagement, you can sell the investment. However, that option is not always available to a homeowner in a community mismanaged by the board of directors of its homeowners association.
Your home is typically the biggest investment you will make in your lifetime. But, the value of your home can degrade faster than you can sell it when your HOA fails to protect the values of the community. This is precisely what is happening to Spring Lakes today. The situation is bad enough that many real estate agents no longer want to conduct home sales and services for the owners in Spring Lakes. The failures of the Homeowners’ Association board and managers, plus the discord between the owners therein, , has made the Spring Lakes community unliveable. This is destroying the investment you made in your home.
What can be done to Repair this?
This will involve litigation.
- Prosecute the Failures of the Homeowners Association Board
The board cannot play favorites and/or allow for violations of the deed restrictions to take place. The Texas Property Code and the Declaration of Covenants, Conditions, and Restrictions spells out rights and responsibilities of a homeowner if the board of directors fail to uphold the rules that protect the values of the homes in Spring Lakes. - Seek Redress in Court for the Loss in Your Home’s Value
Ask the court to impose remedies to protect your home’s value. In most cases, the court will appoint a third-party receiver to take over management or completely remove a board and its manager(s), and then lawfully conduct new elections.
What Steps do the Members take?
The members, meaning the homeowners in Spring Lakes, can pursue legal action against the board of directors and individual owners in the community.
- Litigation Step No 1. – A Lawsuit Against the Association
One or more homeowners in Spring Lakes may seek remedy with the Harris County District Court by filing a Declaratory Judgement action against the Homeowners Association and its managers. - Litigation Step No 2. – A Lawsuits Against Individual Owners
One or more owner in Spring Lakes may seek remedy with the Harris County District Court by filing a Declaratory Judgement action against individual owners for injunctive relief for violation of the deed restrictions. An individual owner may take action against another owner by virtue of the rights afforded them in the Declaration of Covenants, Conditions and Restrictions that each owner agreed to follow when they purchased their home. See below, where it reads:
“Section 5. Remedies. In the event any Person shall violate or attempt to violate any of the provisions of the Declarations, then Declarant, the Association, or each Owner of a Lot may institute and prosecute any proceedings at law or in equity to abate, preempt or enjoin any such violation or attempted violation or to recover monetary damages caused by such violation or attempted violation.”
See Article XIX, Captioned as Miscellaneous in the Declarations of Covenants Conditions and Restriction, in File No. 515-18-2672 of the Real Property Records of the Harris County Clerk.
Sign Up Now!
You can Sign Up Immediately to protect your property’s value and the values of your neighbor’s properties as well. Herein, you can purchase one or more five-hour-long blocks of legal services on your behalf and/or on behalf of your neighbors in Spring Lakes HOA.
Law Offices of Nixon and Associates P.C.
The Law Offices of Nixon and Associates P.C. has been retained by a plurality of owner-members within the Spring Lakes HOA. If you too wish to participate in reforming Spring Lakes HOA and protecting your home’s value, sign up now. If you have any questions, send us an email at attorney@springlakeshow.com.