A marriage may be annulled if one of the parties to the marriage is 16-17 years of age and did not obtain prior parental consent or a court order. (If one person is younger than 16 the marriage is void). A petition for annulment may be filed by a parent or guardian on the minor’s behalf, but must be filed before the minor’s 18th birthday. In determining whether to annul the marriage, the court will consider facts concerning the welfare of the parties and whether the wife is pregnant.
References: Texas Family Code 6.102 – 6.104, 6.205
Article by Sarah F. Berry, Attorney
Thứ Ba, 31 tháng 1, 2012
Thứ Tư, 25 tháng 1, 2012
Secret Ballots Are Pretty Much Dead in Texas HOA Elections
Trey Wilson wrote:
Secret ballots have long been the preferred method of collecting elections for many Texas homeowners associations. Beginning on January 1, 2012, however, secret votes became a thing of the past.
House Bill 2761 was passed by overwhelming majorities in both the Texas House and Texas Senate (no "nay" votes cast), and became the law of the land in this State. This law provides for a new Section 209.0058 to be added to the Texas Property Code, providing as follows:
Secret ballots have long been the preferred method of collecting elections for many Texas homeowners associations. Beginning on January 1, 2012, however, secret votes became a thing of the past.
House Bill 2761 was passed by overwhelming majorities in both the Texas House and Texas Senate (no "nay" votes cast), and became the law of the land in this State. This law provides for a new Section 209.0058 to be added to the Texas Property Code, providing as follows:
Sec.209.0058.BALLOTS.
(a) Any vote cast in an election or vote by a member of a property owners’ association must be in writing and signed by the member.
(b) Electronic votes cast under Section 209.00592 constitute written and signed ballots.
(c) In an association-wide election, written and signed ballots are not required for uncontested races.
AOL Assembles List of Most Controversial HOA Moves of 2011
San Antonio Homeowners Association Lawyer Trey Wilson wrote:
Picking on disabled veterans and the parents of a special needs child were some of 2011's LOWLIGHT for Homeowners Associations.
See the list of Most Controversial HOA Moves on AOL Real Estate.
Picking on disabled veterans and the parents of a special needs child were some of 2011's LOWLIGHT for Homeowners Associations.
See the list of Most Controversial HOA Moves on AOL Real Estate.
Covenants Restricting Solar Panels Are Unenforceable in Texas
San Antonio HOA Lawyer Trey Wilson wrote:
Solar energy has been used by humans for thousands of years. Scientists have discovered evidence that Greeks and Romans use burning mirrors to light torches for religious purposes as early as the 3rd century B.C.
In 1977 the U.S. Department of Energy launcheed the Solar Energy Research Institute
“National Renewable Energy Laboratory,” a federal facility dedicated to harnessing power from the sun. Fortunately, San Antonio, and our very own CPS Energy are solar industry leaders.
Yet, despite the historic and modern patterns of embracing solar energy, many restrictive covenants in Texas still expressly prohibit the installation of solar panels on homes and business.
I'll admit, solar panels are ugly.
Solar energy is also a somewhat esoteric topic. But, as our population grows solar energy is becoming an essential alternative to traditional energy sources. Thus, it was time that covenants prohibiting solar energy panels were addressed. That is exactly what happended during the last Texas legislative session.House Bill 362 was adopted on June 17, 2011, and became effective on that day. The Bill __, and provides, in relevant part:
...a property owners’ association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from installing a solar energy device.
As usual, there are certain exceptions, and there is a specific definition of "solar energy device." The effect of the law, however, is clear -- to void a provision violating the general prohibition on CCR provisions that ban the installation of a solar energy device and roofing materials that meet certain criteria.
In my opinion as a lawyer with an active HOA litigation practice, the Legislature got this one right, as this was a law whose time had come!
Thứ Ba, 24 tháng 1, 2012
The Great Flag Debate has Largely been Resolved in Texas
San Antonio Homeowners Association Lawyer Trey Wilson wrote:
Over the years, I have received many inquiries from Texas property owners questioning the legality of restrictive covenants prohibiting the display of flags. A surpising number of these types of restrictions exist even here, in Military City, USA (also known as San Antonio, Texas).
In some absurd cases, I have written posts on this blog about HOA Boards that have asked for removal of patriotic, or other non-controversial flags. In one unfortunate instance that I called "Absurdity in Dallas," a north Texas homeowners association demanded that a retired Marine and Viet-Nam vet remove the "Semper Fi" stickers from his vehicle. You can imagine his response, and the firestorm sparked amongst Jarheads, Leathernecks and Devil Dogs everywhere (Once a Marine, ALWAYS a Marine)!
As dumb/stupid/assinine as it sounds, such covenants were historically legal property restrictions in Texas until recently. However, that all changed on June 17, 201, when Governor Perry signed HB 2779 into law.
That legislation -- which is now part of Chapter 202 of the Texas Property Code -- prohibits an HOA from adopting or enforcing any restriction that prohibits an Owner from displaying:
(1) the flag of the United States of America;
(2) the flag of the State of Texas; or
(3) an official or replica flag of any branch of the United States armed forces.
Of course, there are some limitations, but one thing remains true in Texas -- Don't "mess" with our flags or our military!
God Bless Texas, and our troops!
Thứ Hai, 23 tháng 1, 2012
Complying with Standards for Accessibility by Persons With Disabilities
Texas’ statutory standards for accessibility by individuals with disabilities to privately owned buildings, including commercial establishments are contained in the Texas Accessibility Standards (TAS) of the Architectural Barriers Act. A copy of TAS is here. TAS substantially follows federal standards for accessibility established under the Americans With Disabilities Act (ADA). As one might expect, TAS is lengthy and complex, replete with exceptions, exemptions, minimum requirements and alternative guidelines.
Compliance is generally monitored and enforced by the Texas Department of Licensing and Regulation, which has established its own regulations and guidelines related to accessibility. However, persons with disabilities may also bring a private lawsuit to seek enforcement of TAS and/or damages for being denied access to a business establishment. Various civil rights organizations also pursue claims on behalf of individuals with disabilities to ensure that all public establishments remain open and accessible.
Many business owners are surprised to find themselves served with demands or even litigation seeking enforcement of TAS for access in buildings which they do not own. Merely leasing the premises does not excuse a business owner from compliance with TAS.
When a business owner receives a demand or is served with a lawsuit concerning accessibility, it should conduct an immediate investigation and formulate a plan of action. Early identification of the issues and evaluation of possible alternative methods to ensure accessibility (such as signage identifying assistance available to persons with disabilities) often leads to significantly reduced costs for compliance, as well as decreasing the potential for an award of damages and attorneys’ fees.
A business owner should also seek assistance from outside sources. For example, your lease agreement may contain terms related to remodeling and renovation, or allocate responsibility for ensuring compliance with building codes such as TAS. If it does not, you may wish to negotiate such terms in future leases. Additionally, certain types of commercial insurance policies may provide the policy-holder with coverage related to accessibility claims.
Article by Cynthia W. Veidt, Attorney
Compliance is generally monitored and enforced by the Texas Department of Licensing and Regulation, which has established its own regulations and guidelines related to accessibility. However, persons with disabilities may also bring a private lawsuit to seek enforcement of TAS and/or damages for being denied access to a business establishment. Various civil rights organizations also pursue claims on behalf of individuals with disabilities to ensure that all public establishments remain open and accessible.
Many business owners are surprised to find themselves served with demands or even litigation seeking enforcement of TAS for access in buildings which they do not own. Merely leasing the premises does not excuse a business owner from compliance with TAS.
When a business owner receives a demand or is served with a lawsuit concerning accessibility, it should conduct an immediate investigation and formulate a plan of action. Early identification of the issues and evaluation of possible alternative methods to ensure accessibility (such as signage identifying assistance available to persons with disabilities) often leads to significantly reduced costs for compliance, as well as decreasing the potential for an award of damages and attorneys’ fees.
A business owner should also seek assistance from outside sources. For example, your lease agreement may contain terms related to remodeling and renovation, or allocate responsibility for ensuring compliance with building codes such as TAS. If it does not, you may wish to negotiate such terms in future leases. Additionally, certain types of commercial insurance policies may provide the policy-holder with coverage related to accessibility claims.
Article by Cynthia W. Veidt, Attorney
Thứ Tư, 18 tháng 1, 2012
Grounds for Annulment in Texas
Generally, under Texas law, a marriage can be annulled if, at the time of the marriage:
1. Marriage of Person Under Age 18: one party was under the age of 18 years old
2. Under Influence of Alcohol or Narcotics: the person seeking the annulment was under the influence of alcohol or narcotics
3. Impotency: one of the married persons is permanently impotent
4. Fraud, Duress or Force: the person seeking the annulment entered the marriage under fraud, duress, or force
5. Mental Incapacity: one of the married persons did not have the mental capacity to consent to marriage or understand the nature of the marriage ceremony
6. Concealed Divorce: the person seeking the annulment discovers the other person concealed they were divorced within 30 days before the marriage
7. Marriage Less than 72 Hours after Issuance of License: the marriage took place less than 72 hours after the license was issued
The articles following later this month will discuss in detail the grounds for an annulment in Texas.
References: Texas Family Code 6.101 – 6.206
Article by Sarah F. Berry, Attorney
Thứ Ba, 17 tháng 1, 2012
Thứ Hai, 9 tháng 1, 2012
New TX Law For HOAs Give Homeowners More Time Before Foreclosure
San Antonio HOA Lawyer Trey Wilson wrote:
Here's a good story from Houston's NPR affiliate, KUHF
Listen to the story here:
Before January 1st, Homeowners Associations were able to foreclose on homes without going through the courts. Now, they have to ask a judge for an expedited order of foreclosure. Homeowners would get an extra 60 days to cover whatever they owe a homeowners association.
Kevin Cloves is a Houston attorney who represents both HOAs and homeowners. He says this will slow the process of taking away homes from people whose HOA debt is just a fraction of the home's value.
"The extra time that's given to the homeowner provides them with an added opportunity to save their property by virtue of maybe coming up with a loan from friends, working out a payment plan with the HOA."
And the new laws do require HOAs to offer payment plans of up to 18 months. Terry Sears is another Houston attorney who specializes in HOA matters. He says while the intent of the new laws is noble, the regulations will cost HOAs more to achieve the same result.
"We're eventually going to get the foreclosure. But now, we have to jump through additional hoops which requires a lawsuit and service fees and court costs. And it drove up the fees exponentially for the entire subdivision, and, in my opinion, unnecessarily so."
The new foreclosure rule is part of a batch of new laws governing HOAs. Some of the regulations took effect last September. They cover everything from flag displays, to where and how residents can collect rainwater for other uses.
Here's a good story from Houston's NPR affiliate, KUHF
Listen to the story here:
Before January 1st, Homeowners Associations were able to foreclose on homes without going through the courts. Now, they have to ask a judge for an expedited order of foreclosure. Homeowners would get an extra 60 days to cover whatever they owe a homeowners association.
Kevin Cloves is a Houston attorney who represents both HOAs and homeowners. He says this will slow the process of taking away homes from people whose HOA debt is just a fraction of the home's value.
"The extra time that's given to the homeowner provides them with an added opportunity to save their property by virtue of maybe coming up with a loan from friends, working out a payment plan with the HOA."
And the new laws do require HOAs to offer payment plans of up to 18 months. Terry Sears is another Houston attorney who specializes in HOA matters. He says while the intent of the new laws is noble, the regulations will cost HOAs more to achieve the same result.
"We're eventually going to get the foreclosure. But now, we have to jump through additional hoops which requires a lawsuit and service fees and court costs. And it drove up the fees exponentially for the entire subdivision, and, in my opinion, unnecessarily so."
The new foreclosure rule is part of a batch of new laws governing HOAs. Some of the regulations took effect last September. They cover everything from flag displays, to where and how residents can collect rainwater for other uses.
Thứ Tư, 4 tháng 1, 2012
Texas Police Shoot Down 15 Year Old With BB Gun in Middle School Hallway: Excessive Force?
It's a big national news story today: a fifteen year old boy with a pellet gun was shot down in his Middle School hallway by Texas police this morning.
Jaime Gonzales is Dead Tonight and Lots of People Are Asking Why
Just last week we were pondering how out of control Texas law enforcement officers are getting to be in a post entitled, "Texas Cops Shooting Citizens All Over the State This Month: Excessive Force? Overstressed Officers? Three Dead From Police-Issued Bullets." Now, we're wondering how truly serious this situation may be.
Cops Shoot 15 Year Old to Death Down in Brownsville: Excessive Force?
Down in Brownsville, it seems that the police were called to Cummings Middle School shortly after classes started. It's not clear how many officers arrived on the scene, but students are reporting that Jaime had entered a classroom and punched another student in the nose. Why this causes a bunch of police to appear isn't clear.
What is known right now is that Jaime took a pellet gun to school this morning. Which was not the smartest thing to do, that's a given.
However, for the Interim Police Chief to tell the media that a boy waving around a pellet gun was sufficient justification to shoot the child to death - well, you gotta wonder. There a big question right now about whether or not the force used here was excessive.
Middle Schoolers Are Known to Bring BB Guns to School - Jaime's Not the First
This isn't the first time a Middle Schooler got the bright idea of bringing a BB gun to school (a pellet gun is more commonly known as a BB gun), check out this school administration web site discussing a previous, similar event up in Ohio.
This is a real tragedy and condolences go out to the family and friends of this young life cut short. Let us hope that one result of this death is increased scrutiny on Texas law enforcement and whether or not Texas cops are getting a bit gun-happy these days.
For more on excessive force/police brutality, check out our resources page where Texas law on this issue is discussed.
Jaime Gonzales is Dead Tonight and Lots of People Are Asking Why
Just last week we were pondering how out of control Texas law enforcement officers are getting to be in a post entitled, "Texas Cops Shooting Citizens All Over the State This Month: Excessive Force? Overstressed Officers? Three Dead From Police-Issued Bullets." Now, we're wondering how truly serious this situation may be.
Cops Shoot 15 Year Old to Death Down in Brownsville: Excessive Force?
Down in Brownsville, it seems that the police were called to Cummings Middle School shortly after classes started. It's not clear how many officers arrived on the scene, but students are reporting that Jaime had entered a classroom and punched another student in the nose. Why this causes a bunch of police to appear isn't clear.
What is known right now is that Jaime took a pellet gun to school this morning. Which was not the smartest thing to do, that's a given.
However, for the Interim Police Chief to tell the media that a boy waving around a pellet gun was sufficient justification to shoot the child to death - well, you gotta wonder. There a big question right now about whether or not the force used here was excessive.
Middle Schoolers Are Known to Bring BB Guns to School - Jaime's Not the First
This isn't the first time a Middle Schooler got the bright idea of bringing a BB gun to school (a pellet gun is more commonly known as a BB gun), check out this school administration web site discussing a previous, similar event up in Ohio.
This is a real tragedy and condolences go out to the family and friends of this young life cut short. Let us hope that one result of this death is increased scrutiny on Texas law enforcement and whether or not Texas cops are getting a bit gun-happy these days.
For more on excessive force/police brutality, check out our resources page where Texas law on this issue is discussed.
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