Ada Ivana Ferrer’s Answers

Ada Ivana Ferrer

Houston Litigation Lawyer.

Contributor Level 5
  1. Can a home owner association foreclose on my house if I can't afford to put the new driveway and other things they require?

    Answered 5 months ago.

    1. Mark Allen Land
    2. Mario L. Vasquez
    3. Ada Ivana Ferrer
    4. Daniel Lee O'Neil
    4 lawyer answers

    Under Texas Property Code 209.007, you have a right to request a hearing before the board of directors. There is also an appeals process if they fail to grant your hearing or if they render a verdict that you disagree with. Also, Section 209.009 of the Texas Property code prohibits foreclosure of an assessment lien if the debt consists solely of 1) fines assessed by the association, 2) attorney's fees incurred in association with collection of those fines and 3) for some administrative fees (...

    1 lawyer agreed with this answer

  2. I have been ask by my hoa to remove boat and trailer off my driveway

    Answered 12 months ago.

    1. Ada Ivana Ferrer
    2. Golnar Sargeant
    2 lawyer answers

    I disagree with the opinion stated above. In Texas, your property cannot be foreclosed due to a deed violation. However, the HOA may seek injunction against you to force you to comply with the deed restrictions. If an injunction is granted, and you fail to follow the court's order, you may be found to be in contempt of court, after filing and service of the appropriate motions & show cause order. Contempt of court could lead to a short stint in jail until you agree to comply with the...

    1 lawyer agreed with this answer

  3. How to enforce restrictions in a subdivision bexar county?

    Answered 7 months ago.

    1. John C. Knobelsdorf II
    2. Brent Allen Devere
    3. Ada Ivana Ferrer
    4. Alan James Brinkmeier
    4 lawyer answers

    Thoroughly review your deed restrictions and verify whether property owners may enforce the deed restrictions and whether a homeowner's association exists or should exist. Then based on that answer, consult with an attorney to either 1) file suit on your behalf against the two property owners or 2) set up the Homeowners Association and have the HOA file suit against the property owners.

  4. I have a summary judgment for the balance of legal fees from a divorce in GA. If I buy a condo in Texas can I get a lien here?

    Answered 12 months ago.

    1. Bryan L. Walter
    2. Ada Ivana Ferrer
    3. Gregory L Abbott
    3 lawyer answers

    Texas is a very debtor friendly state, thus your wages will not be garnished, unless the judgment is for child support or taxes. It is also very unlikely that your property will be sold to satisfy the judgment. However, the Georgia judgment may be abstracted and filed in Texas. You should retain a Texas attorney to appropriately advise you regarding settling the judgment and the ramifications of failing to settle the judgment.

  5. HOA Board member owns no property; his wife's name is on all deeds. Is he a property owner eligible to run 4 Board position?

    Answered 12 months ago.

    1. Edward James Kazaleh
    2. Ada Ivana Ferrer
    3. Randall M. Lipshutz
    3 lawyer answers

    The answer is likely yes, he can run for a Board position. To confirm look to the following: 1st Check your Association's Bylaws - Do they allow non-members to hold a position or allow non-members on the Board? If the answer is yes, then he is eligible to run. If the answer is no, proceed to number two below. 2nd If the Bylaws or Declaration provide that only members may run then the Texas Property Code allows ALL owners to run for election to the Board. As a community property owner,...