What kind of lawyer do I need to sue my HOA in Texas?
Texas Home Owner Associations ( HOA ) : Are You in For Problems?
A HOA has the power to make every neighbor’s’ life a little easier by establishing restrictions that keep the neighborhood clean, safe, and accountable. But certain issues , depending on the by-laws of your HOA, such as unjustified forced foreclosures, failure to repair plumbing or foundations, trying to force you to construct or build a fence on your separate property are worth seeking legal advice. An experienced attorney is needed if you are to take on a Texas Home Owner’s Association. Many HOA by-laws are open to interpretation regarding what a Texas HOA must repair and what is not responsible for under the HOA by-laws. To battle a strong HOA organization it takes an experienced real estate lawyer and if you have been a victim of HOA oppression seek an experienced lawyer immediately.
Julian Nacol
Dallas TX Attorney
Nacol Law Firm P.C.
(972) 690-3333
8144 Walnut Hill Lane
Suite 1190
Dallas, Texas 75231
972-690-3333
Office Hours
Monday – Thursday, 8am – 5pm
Friday, 8:30am – 5pm
Attorney Mark A. Nacol is board certified in Civil Trial Law by the Texas Board of Legal Specialization
Nacol Law Firm PC
8144 Walnut Hill Lane Suite 1190 Dallas, Texas 75231
(972) 690-3333
Office Hours
Monday – Thursday, 8am – 5pm Friday, 8:30am – 5pm
Dallas Divorce Attorneys Julian Nacol and Mark Nacol serve clients throughout Texas, including Collin, Dallas, Denton, Ellis, Grayson, Kaufman, Rockwall and Tarrant counties and the communities of Addison, Allen, Arlington, Carrollton, Dallas, Fort Worth, Frisco, Garland, Grapevine, Highland Park, McKinney, Mesquite, Plano, Prosper, Richardson, Rowlett and University Park, Prosper, Murphy, Wylie, Lewisville, Flower Mound, Irving, along with surrounding DFW areas.
© Copyright 2024 The Nacol Law Firm PC
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. I understand/acknowledge that the controller of my personal data entered into this form is Nacol Law Firm P.C. with its registered office in Dallas, TX, and with customer service agents located in the USA. I understand / acknowledge that my personal data shall be processed and transmitted in accordance with the General Data Protection Regulation (GDPR).
How to file a complaint against HOA in California?
A homeowners association (HOA) is an organization that makes and enforces rules and guidelines for a residential subdivision, planned community, or condominium building. In most cases, residents within the subdivision, community, or building must become members of the HOA, agree to follow the HOA’s rules, and pay HOA fees and assessments. HOAs are usually governed by a board of directors or governors that is elected by the homeowners to make decisions about the HOA and enforce its rules. Most HOAs in California are set up as nonprofit mutual benefit corporations, but some may be structured differently.
The covenants, conditions, and restrictions (CC&Rs) are a set of rules that govern the operation of an HOA, including what rights and responsibilities the HOA has, what requirements and limitations homeowners must follow (for example, regulations on fencing height and placement), and what remedies there are for violations. Each HOA’s CC&Rs may be different. In addition to the CC&Rs, most HOAs have bylaws that establish how the HOA is run, as well as rules and regulations established by the HOA board.
A number of laws apply to HOAs, including the following:
- California Civil Code
- California Corporations Code
Other laws, including provisions in the Civil Code and Corporations Code, may also apply.
If you are having issues with your HOA, you may wish to review the HOA’s rules to see what recourse you may have. You may also consider consulting with an attorney regarding your legal options. For information on how to find an attorney, see Attorneys/Lawyers.
If you suspect criminal activity, such as fraud, theft or embezzlement by the HOA’s board of directors or individual officers, please file a report with the police or sheriff’s department. After investigating, they may send the case to the county district attorney’s office for prosecution, if appropriate. The decision whether or not to file criminal charges will then be made by the district attorney.
Additional information about HOAs is available from the Department of Real Estate.
How do I fight an HOA in Texas?
Love Investors and the National Homeowners Advocate Group have partnered to serve as resources when “fighting your HOA” due to unethical HOA Board members and property management. We would also like to stress that your situation is not necessarily about the “fight”, but more so being EMPOWERED by knowing your Texas HOA rights. This page will deliver useful info and resources in a manner that is clear and factual. Please use this page as a guide to take small action steps to fight your HOA in Texas. Here you will be directed to the proper agencies to report corruption or fraud. You’ll also have the option to receive letter templates to use for formal requests, disputes, and complaints with your HOA Board, its property manager/debt collector, attorney, or representatives. Love Investors, the National Homeowners Advocate Group, nor their representatives are attorneys. Please always seek professional legal advice as needed. Then get a 2nd and 3rd opinion, maybe even a 4th. 🙂
Why was this resource page created for homeowners wanting to protect their rights against abusive Texas HOA’s? Catch up from the beginning HERE…
One of the dirty tactics most used by HOA boards, property managers, and the HOA’s attorney is to totally disregard your requests and questions until you give up. And some are so corrupt, they will target you for standing up to them. If you feel you have been unfairly harmed, your choices are to A) accept their dirty deeds OR B) fight for your rights. What say you???
If you have exhausted ALL efforts to come to a resolution with your HOA, filing a lawsuit may be an option for you.
Have you been affected unfairly by:
- Unfairly assessed fines or fees
- Unjustified liens or foreclosures
- Harassment or discrimination
- Violation of your rights
If you have evidence to support allegations of unethical actions by the above 4, this should be a driving force for you to fight for your Texas HOA rights. Make use of the following steps to remedy your situation, and protect your HOA community & home:
Do you need letter templates to correspond with your Association regarding your TEXAS HOA ISSUE? Below is a list of EXTREMELY THOROUGH letters you won’t find on any other website giving tips on how to fight your HOA in Texas. For those who support our Mission of protecting homeowner rights, we’ve crafted these ORIGINAL documents, available as a packet, to let your Association know that you mean BUSINESS.
We hope you have found this information useful! Homeowners, please use the HOA Assistance Form below for additional help with your TEXAS HOA issue. Realtors & HOA Directors, your input is welcomed! *Tenants, please review your community rules & regulations and have the property owner to contact us.
How to sue your HOA in California?
Are you looking to sue a homeowners association in California small claims? In the article below, we go over common types of lawsuits filed against HOAs, discuss sample lawsuits and their outcomes, and go over the California small claims process.
Did you know we have a free tool powered by AI that helps you create and format a demand letter to an HOA? Check out our demand letter tool.
Most common lawsuits against HOAs:
- Property damage
- Improper fines
- Illegal towing
How much does it cost to sue an HOA in small claims court?
- Between $30-$75 to file.
- Up to $125 to serve the lawsuit.
- If you apply for a fee waiver, the cost is $0.
How much can you sue an HOA for?
The maximum amount you can sue for in small claims court is called the small claims limit. Individuals in California can sue for a maximum of $10,000 in small claims court.
By when should you file your small claims lawsuit against an HOA?
You don’t want to wait too long to file your small claims lawsuit against an HOA because you don’t want to miss the deadline to file, known as the statute of limitations.
Do you need to hire an attorney to sue an HOA in small claims court?
Lawyers are not allowed to represent you or the other party in small claims! This is to even the playing field so that each party has an equal chance of obtaining justice. You can choose to hire an HOA attorney to help you prepare your case and help you understand the law around the claim you want to bring.
How can I attend my small claims hearing?
In person or virtually. Many courts have the option to attend the hearing virtually.
Main forms for California Small Claims: Lawsuit, Proof of Service, Fee Waiver
Below, we go over these facts in greater detail.
We often receive the question, can I sue a homeowners association in California small claims? The answer is yes, as long as the dispute is for $10,000 or less (more on this below). Disputes with HOAs are very common in small claims courts.
Here are some examples of small claims lawsuits against HOAs:
- The HOA is responsible for damage to your property. For example, if a gate at the HOA malfunctions and damages your car, then you can sue the HOA for damages to your car. Make sure to bring estimates or an invoice of how much it will cost to repair your car! If your neighbor caused your property damage, you may want to sue them instead of the HOA.
- The HOA illegally or wrongfully had your car towed. For example, if an HOA did not provide a sign with the towing company information, then you can sue the HOA in small claims court.
- The HOA improperly assessed fines or fees contrary to the CC&Rs. CC&Rs stand for Covenants, Conditions, and Regulations. In an HOA, the CC&Rs describe the obligations and rights of the HOA and the residents. These rules may cover a variety of topics, including property maintenance, noise levels, parking, etc. Violations of the CC&Rs usually result in fines or other consequences as outlined by the rules. If you paid improper fees assessed by your HOA, you can sue them.
What kind of lawyer do I need to sue my HOA in Texas?
Are you a homeowner in Texas dealing with issues from your Home Owner Association (HOA)? HOA’s have the power to establish rules and restrictions to keep neighborhoods clean and safe. However, some problems like forced foreclosures, neglecting repairs, or unreasonable demands may require legal advice.
It’s important to consult with an experienced attorney familiar with Texas HOA laws to address any disputes. Many HOA by-laws can be open to interpretation, so having a skilled real estate lawyer is crucial when dealing with a strong HOA organization.
If you have been a victim of HOA oppression, seek legal help immediately. Contact Nacol Law Firm for assistance with HOA issues in Dallas and throughout Texas.
Contact Information:
Nacol Law Firm P.C.
8144 Walnut Hill Lane, Suite 1190
Dallas, Texas 75231
Phone: (972) 690-3333
Office Hours: Monday – Thursday 8am-5pm, Friday 8:30am-5pm
Disclaimer: This information is not legal advice. Please consult with an attorney for advice specific to your situation. Contacting Nacol Law Firm does not establish an attorney-client relationship.
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