Homeowner Says He's Being Sued by HOA for $200K plus $50K in Attorneys' Fees

San Antonio HOA Lawyer Trey Wilson wrote:




David Moore,  who lives in NW San Antonio, is being sued by his HOA for $200,000 plus attorneys fees for what he calls "ridiculous" violations.  He said this is the 1st time he's had any issues with the Huntington Place HOA since moving into the community almost 18 years ago.  He stated that this began about 2 years ago when the HOA began enforcing the HOA rules, but to an unreasonable extreme.

Mr. Moore has reportedly been cited for not cutting his grass frequently enough, for having a small pet door built in to his garage (which has been there for 17 years), and other violations.  The HOA claims the small cat door diminishes property values.

Mr. Moore placed a sign in his yard advising passers by and neighbors so that everyone will know what the HOA is doing and of the "ridiculous" penalties being imposed.   KENS 5 reporters reached out to neighbors about the sign and they responded that they're happy with it.  They state that they're proud of Mr. Moore for placing the sign and for fighting back.  They stated that they agree that the HOA has gone too far.

We've moved our office -- please stop by and say hello!

San Antonio HOA Lawyer Trey Wilson wrote:

Trey Wilson has moved his law practice to 111 W. Olmos Dr., San Antonio, Texas 78212. Phone, fax and email will remain the same.

We've Re-Located Our Offices -- Stop by and say hello!

San Antonio Texas Real Estate Attorney Trey Wilson wrote:

Trey Wilson has moved his law practice to 111 W. Olmos Dr., San Antonio, Texas 78212.  Phone, fax and email will remain the same.

HOA Liable for Wild Animal Attacks on Common Areas? Probably Not in Texas

A lawsuit out of Georgia poses interesting questions regarding the liability of a homeowners association for wild animal attacks.

In that case, an elderly woman was mauled by a sizeable gator who took up residence in an HOA-owned lagoon. The victim's family filed suit, alleging that the HOA was negligent in not removing the wild gator. An excellent synopsis of the case can be found in the Claims Journal at this link.

While the chances of getting mauled by a gator are pretty slim in the vast majority of Texas, there are many dangerous wild animals throughout the Lone Star State. Nevertheless, our HOA-meets-wild animal laws, focus more on urbanization's effect on deer populations (and trapping) than on attacks.

However, the liability of Texans for injuries inflicted upon invitees by wild animals on their premises is an interesting study.

Texas law has long recognized the doctrine of FERAE NATURAE, which makes the acts of wild animals an exception to the duty of care owed to a visitor on a given premises. Meaning "animals of a wild nature or disposition," ferae naturae is a common law doctrine tracing its origins back to the Roman empire whereby wild animals are presumed to be owned by no one specifically but by the people generally. State v. Bartee, 894 S.W.2d 34, 41 (Tex.App.—San Antonio 1994, no pet.). Specifically, ferae naturae provides that wild animals belong to the state and no individual property rights exist as long as the animal remains wild, unconfined, and undomesticated. Even one's status as the owner of land upon which the animals ferae naturae are found is insufficient to confer individual property rights to the animals thereon. Lone Star Gas Co. v. Murchison, 353 S.W.2d 870, 876 (Tex.Civ.App.—Dallas 1962, writ ref'd n.r.e.).

The rule of law has developed that a landowner cannot be held liable for the acts of animals ferae naturae, that is, indigenous wild animals, occurring on his or her property unless the landowner has actually reduced the wild animals to possession or control, or introduced a non-indigenous animal into the area. Gowen v. Willenborg, 366 S.W.2d 695, 697 (Tex.Civ.App.—Houston [1st Dist.] 1963, writ ref'd n.r.e.).

The general rule is this: Under ordinary circumstances, Texas landowners do not have a duty to warn their guests about the presence and behavior patterns of every species of indigenous wild animals and plants which pose a potential threat to a person's safety, as well as the extent of that threat. Thus, ordinary attacks by rattlesnakes, rutting bucks, fire ants and scorpions would probably not succeed in Texas.

However, a premises owner in Texas could be negligent with regard to wild animals found in artificial structures or places where they are not normally found; that is, stores, hotels, apartment houses, or billboards, if the landowner knows or should know of the unreasonable risk of harm posed by an animal on its premises, and cannot expect patrons to realize the danger or guard against it.

The facts related to the HOAs knowledge about and actions related to the gator will probably be dispositive in the Georgia case.

Round Rock family's fight with HOA heads to court - YNN - Your News Now

Round Rock family's fight with HOA heads to court - YNN - Your News Now

Texas Supreme Court Posts New Rules Regarding Foreclosure of HOA Liens

San Antonio HOA Lawyer Trey Wilson wrote:

Today, the Texas Supreme Court posted the final version of its revisions to Texas Rules of Civil Procedure 735 and 736, governing the foreclosure of certain liens, including HOA assessment liens. The Court's full Order is posted here.

The Texas Legislature directed the Supreme Court to enact new rules relating to judicial foreclosures, when it adopted HB 1228 (82nd Leg., R.S.). That Legislation was one of numerous HOA reform bills adopted last session by Texas lawmakers.

The original analysis of the bill provided the following summary of its purpose.

Currently, a property owners' association may foreclose on real property for the property owner's failure to pay association assessments. In many instances, the foreclosed property is encumbered with a first lien that is not disposed of when the foreclosure sale occurs because there is no requirement to notify the lienholder of the foreclosure or the sale. H.B. 1228 sets out provisions relating to notice and providing the lienholder with an opportunity to cure a delinquency before a foreclosure sale.

Stay tuned to this blog for a future post summarizing the new rules and their practical effect.

Notably, the new Rules apply to foreclosures commenced on or after January 1, 2012.

New homeowner association laws in Texas designed to curb abuses

This article from the Ft. Worth Star Telegram contains an excellent summary of new HOA laws going to effect on January 1, 2012.

New homeowner association laws in Texas designed to curb abuses