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What area of practice should an attorney specialize in concerning homeowner's associations?

Houston, TX |

I am involved in a legal dispute with my association over them violating our deed restrictions as it pertains to Special Assessment Fees. I would like to hire an attorney, but am not certain what practice area that I need to search.

Attorney Answers 4

Posted

Any decent real estate or contract attorney should be able to assist you. There are some that specialize in HOA issues, but that's rare.

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2 comments

Asker

Posted

Are Covenants, Conditions, and Restrictions considered Contractual?

Michael J Corbin

Michael J Corbin

Posted

Absolutely.

Posted

In general, you would be looking for a real estate attorney, one that handles real estate litigation would be preferable. (the other type being purely transactional). Beyond that, some HOA experience is necessary, but if you do a search for HOA attorney, most likely all you will find are attorneys that represent HOA's.

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Posted

You need to retain a real estate or construction attorney that litigates. Your issues do not involve transactions, so a real estate closing attorney with an office practice would not be overly helpful.

You did not specify what sort of homeowner's association is at issue. For example, condominiums have a homeowner's association. You can review Texas law on condominium regimes and homeowner's associations at the following web link to give you an idea about HOA powers:

http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.82.htm

Good luck.

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1 lawyer agrees

2 comments

Asker

Posted

It is a residential subdivision.

Brian W. Erikson

Brian W. Erikson

Posted

Check out Texas Property Code Chapter 204, which you can review at the following web link: http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.204.htm

Posted

Real Property and Real Estate attorneys are the best

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