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Ask Maverick Your Own Question
Maverick, Attorney
Category: Legal
Satisfied Customers: 5767
Experience:  20 years experience as a civil trial and appellate lawyer
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My husband and i are being sued by our HOA. We have until

Customer Question

My husband and i are being sued by our HOA. We have until Monday to file an answer and have been trying to obtain legal assistance to no avail. I am needing to get help urgently so a default is not issued. I need help
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: Dallas, TX
JA: Have you talked to a lawyer yet?
Customer: We spoke to one and his fee was almost the amount of the claim against us.
JA: Anything else you think the lawyer should know?
Customer: There is over 200 homes under this HOA. We have no community property that we use that the fees would normally cover. All our HOA does is send us citations on if the grass is not cut or we need to pull up the weeds in the flower bed or our trash cans were in sight. Things like that. They maintain the entrance to the neighborhood but that is it. We have no pool, no playground, no fences, no nothing that we use. This is the 2nd management company since we moved here 6 years ago. The first management company tried to make us pay for bricking the second story of our home since they said it was not in compliance with their charter. We told them they should have dealt with the homebuilder and not us since we had nothing to do with it. When we threatened to get a lawyer they finally backed off. Also, going through our title paperwork we signed when closing on the home we have one information sheet only regarding the HOA where they asked for our name, address and phone number. Nothing about their by-laws or charter, cost so on. We may owe them about $600 in dues when my husband lost his job and i had back surgery. We tried to make arrangements but no one would contact us. I even tried to make arrangements with the new management company through their attorneys but the voluntary HOA board members in the neighborhood countered with an arrangement out of our price range. When i questioned submitting a second offer no response. Also, they have filed against 5 homeowners including us in our neighborhood
Submitted: 3 months ago.
Category: Legal
Expert:  Maverick replied 3 months ago.

Welcome! My name is Maverick. Please give me a few minutes to analyze and/or research your inquiry and I will be back.

Expert:  Maverick replied 3 months ago.

You best course of action here is to file a general denial answer so that you do not default and then settle this matter with something in writing from its lawyer that states that in exchange for paying the past due fees and the reasonable attorney's fees the HOA will take "a non-suit with prejudice". Make sure you get a copy of the court's order granting this. This means they have withdrawn to suit without a right to refile so that it does not show up on your credit down the road.

Here is a copy of the general denial answer form.

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