While few lawyers are filing lawsuits the week before Thanksgiving, the holiday does give rise to some interesting cases. I have compiled a small list of interesting legal entanglements that reference Thanksgiving in one shape or form. Whether you will laugh or cringe, I am not quite sure, but here they are:
Recent changes in the law finally give Texas homeowners a stick to fight back against abusive practices by Texas homeowners associations. If you are reading this, you’ve no doubt heard of HOA horror stories. Perhaps you’ve been a victim of HOA harassment or bullying. HOAs are not regulated by the state or federal government. They are often formed as “non-profit” corporations and claim to be “self-governing entities,” but all too often they act more like private governments, claiming the power to tax, have a police force, impose regulations, and dictate zoning.
With Halloween just around the corner, it seems only fitting that it should be the topic of this week’s blog post. While you are decorating your house, carving your pumpkins, and picking out your costumes, you might not be thinking about avoiding legal entanglements that may result from the celebration. Thankfully, you read my blog, and I have compiled a short list of things for you to consider this holiday weekend:
Email has become the standard form of written communication in the business world. It should come as no surprise that the laws have adapted to accommodate this new age of electronic communication. We routinely enter into contracts while shopping online, but the formality of the experience leaves little question that we are entering into an enforceable agreement. What many of us fail to recognize is that an enforceable agreement can be reached as a result of an exchange of emails.
Ahh, HOA’s. You either love ‘em or you hate ‘em. And those who hate ‘em usually have a good reason. Maybe the HOA is on their case about a fence needing repair. Maybe it’s that dues haven’t been paid on time and the HOA is threatening foreclosure (yes, strange as it may seem, most HOA’s have the authority to take your home if you do not pay). Maybe it’s a fine that was imposed because you went on vacation and forgot to have someone cut the grass. No infraction is too small for some HOAs.
I’ve represented homeowners in disputes with their HOAs, and let me tell you, nothing surprises me anymore. Sure, there are some good HOAs out there. But there are also a lot of bad ones, ones that will spare no expense in “ensuring a homeowner’s compliance.” That often means legal action, with the homeowner viewed as easy prey.
It doesn’t have to be that way. Fortunately the laws governing homeowners associations are beginning to change, with more protections built in for homeowners. But a lot more work is left to be done. I will be attending a conference in a couple of weeks where some of these changes will be discussed. I’ll make another blog entry upon my return.
In the meantime, check out Jacquielynn Floyd’s editorial in Dallas Morning News about how living is easy IF you bow to your HOA.
https://www.dallasnews.com/news/2015/10/05/are-you-on-your-homeowners-association-s-radar/