We represent more Property Owners Associations (POAs) than any other lawyer in Polk, Trinity, Walker or San Jacinto Counties. We are knowledgeable about the issues related to property owners associations. Generally, they fall into three primary areas of concern.
Corporate Documents Governing POAs
The most basic foundational document for POAs is the Deed Restrictions that have been filed in the office of the county clerk where their subdivision is located. These may need to be updated and we review these and update them as necessary. There are also other documents that govern POAs that are required in order for them to properly conduct business. First among them are Bylaws that set out the procedures that the POA follows when it does business. Other documents include a designation of registered agent, a management certificate, a policy regarding documents and charges to obtain corporate records, and a policy for allowing the pay-out of dues over a period of time. All these documents need to be up-to-date and also properly filed, BEFORE ANY DEED RESTRICTION or DUES COLLECTION efforts can be made. We are often hired to draft these documents, make changes to them, and make sure they will allow the POA to do business properly.
Collection of Overdue POA Dues
Most POAs are desperately in need of money to maintain roads and common areas. And most POAs have thousands of dollars in back dues that remain uncollected. We have developed a system of collecting those back dues. It just seems like not collecting them is a common problem; but when Boards of Directors make a decision to undertake collection efforts, and STICK WITH IT, things do change, and the money DOES START TO FLOW. It is usually a process of setting a new agenda, showing resolve over a long period of time, and STAYING WITH THE COLLECTION EFFORTS for the years that it takes to really make a change in the thinking of owners who have gotten used to not paying. We have seen it happen. With time, things can, and do, change. We help POAs with the entire process of turning their delinquent dues into cash that they can use to maintain their property.
Deed Restriction Enforcement
In order for a POA to enforce their deed restrictions, they MUST FOLLOW certain procedures. The Texas Legislature has made many changes in the last 10 years, and these have included specific procedures that every POA must follow in order to enforce their deed restrictions. We advise POAs on these procedures, ensure they are followed, and prosecute the cases in courts when necessary. It is important for POAs to make sure that the rules are applied equally to all owners in their subdivision. We think it is their duty to do so, and one of their most important duties.
