MaarshaM (Texas)
Posts: 6
Posts: 6
Posted:
I know this is a long one, but we need help and we do not have money for an atty. I tried to get an answer from a counselor with SCORE but it wasn't helpful. Maybe Donna can help. I have asked your opinion on something else and you all were very helpful Hope you can do it again. Thanks.
This is a Texas Homeowners Association problem: We have a resident that has violataed one of our Restricted Covenants which is: "Each home shall have a front garage which may not be used for any other purpose." We have a resident that has enclosed her garage area to make another room with windows facing the driveway; in other words there is no resemblance of a garage. We want to enforce our Covenant but since we are all new at this and without legal advice, it appears that the only way to enforce is to sue. We have sent letters and talked with her but she will not discuss and has said as much as "she is not going to do anything about it." We feel that this additional living area needs to be put back to the original garage before selling and have asked her commit to this request but to no avail. Now, our Board wants to take her to small claims court and sue for damages, which would take the form of "access to the property and the owners permission to reconstruct and restore the property to be in compliance with the Covenants.. The time of the reconstruction would be determined by the owner but prior to any transfer of the deed or her renting the property. He has gone through a reasoning and computation of damges and come up with $5,250 plus court costs. (This is sorta complex so we would not want to burden you with this unless you are willing to help us with this problem). If the property claim is invalid, then how do we protect ourselves against the owner who simply pays the $5,250 and asumes that she has paid the damage incurred by the Homeowners Association and made the Association "whole again" and she is free and clear to leave the converted garage as is? Please let me know if you are able to give advice on this subject. Thank you. Marsha Marino
This is a Texas Homeowners Association problem: We have a resident that has violataed one of our Restricted Covenants which is: "Each home shall have a front garage which may not be used for any other purpose." We have a resident that has enclosed her garage area to make another room with windows facing the driveway; in other words there is no resemblance of a garage. We want to enforce our Covenant but since we are all new at this and without legal advice, it appears that the only way to enforce is to sue. We have sent letters and talked with her but she will not discuss and has said as much as "she is not going to do anything about it." We feel that this additional living area needs to be put back to the original garage before selling and have asked her commit to this request but to no avail. Now, our Board wants to take her to small claims court and sue for damages, which would take the form of "access to the property and the owners permission to reconstruct and restore the property to be in compliance with the Covenants.. The time of the reconstruction would be determined by the owner but prior to any transfer of the deed or her renting the property. He has gone through a reasoning and computation of damges and come up with $5,250 plus court costs. (This is sorta complex so we would not want to burden you with this unless you are willing to help us with this problem). If the property claim is invalid, then how do we protect ourselves against the owner who simply pays the $5,250 and asumes that she has paid the damage incurred by the Homeowners Association and made the Association "whole again" and she is free and clear to leave the converted garage as is? Please let me know if you are able to give advice on this subject. Thank you. Marsha Marino