Houston Area HOA Sues to Stop Individual from Acting as HOA

San Antonio HOA Lawyer Trey Wilson wrote:

The battle over who is the the "official" homeowner's association governing a Park Harbor community, has ended-up in the Houston Court of Appeals.

According to the Court, the Park Harbor Improvement Association, Inc., sued appellant, Mildred Dunn, for usurping its duties and attempting to act as the official homeowner's association governing the Park Harbor community at issue. The Association sought injunctive relief and a declaratory judgment that Dunn had no authority to act. Dunn counterclaimed for defamation and sought injunctive relief to prevent the Association from acting as the authorized governing body of the Park Harbor community.

On August 30, 2011, in three orders, the 234th District Court granted summary judgment in favor of the Association on all claims and denied Dunn's motions for summary judgment. The trial court declared that Dunn has no authority to act as the homeowners' association; has no authority to levy or collect assessments, dues, or fines and fees; and has no authority to file documents on behalf of the Park Harbor community with the Texas Secretary of State or the Harris County Clerk. In addition, the trial court permanently enjoined Dunn from taking various related actions.

On February 9, 2012, the Court of Appeals of Texas, First District, Houston, dismissed Dunn's appeal, deeming it premature. We'll continue to track this case.