Filing suit on HOA in TX?

2 Replies

One of the larger HOAs in town keeps nailing me for tenant not mowing. The pictures they send of the grass being in "violation" don't look bad to me at all, I drive through the hood on a regular basis and other homes are much worse, tenant uses a lawn guy so I know it's getting mowed. I tried talking to them and their response/ thoughts are basically "have your tenant do a better job". When I bought the house, a few neighbors expressed their displeasure with it being a rental. I'm guessing one of them is complaining. I have asked to speak with the HOAs lawyer and waiting to hear back. At this point it feels like the fines will continue if I don't escalate. Don't know what else to do so likely going to file suit with the JP court. Anybody ever taken an HOA to court? How did it play out?

I'm not an attorney, but I'd consider driving through and taking photos (and noting addresses) of all of the other properties that have yards in worse shape. At least you could try to make the case that you are within the average of the community. If you're the only one getting heat for the lawn length, you might have a leg to stand on.

@Casey S. Find another alternative then suing an HOA. They have unlimited money (they can simply assess the owners, which includes you) for court fees, they can drag it out for a very long time. And no one will like the end result.

Did you reach out to the Property Manager? Have you talked to individual board members?  Is your attorney involved?  Maybe a letter with pictures from your attorney to the Board will get them to back off on this issue.

Get a written schedule from the lawn guy when he cut the grass. Bring him with you to the next board meeting.  Talk to the board directly at this meeting about what the standards are. Show them pictures, and come to a resolution with them to get the fines reduced and the issue resolved. 

Run for the board yourself,  encourage other unit owners who want change or to be involved to run also.  By running as a group maybe you can effect change.   

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