How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33769
Experience:  15 years real estate, Realtor. Landlord 26 years
19958803
Type Your Real Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

I am the President of an HOA in Texas. We have a one year

Customer Question

I am the President of an HOA in Texas. We have a one year time limit to complete new construction. We have a HOA memeber that started a house that is 40% complete and we are 4 weeks from the one year time limit. They have halted construction due to a dispute with their builder.
We have encouraged them to get back on track and have offered an extension to the one year time limit but require time frames for completion before we will approve this. The property owner will not communicate with us.
What is the maxim fine that we can impose on the property owner once they exceed the time frame? At what point can we foreclose on the property if they don't respond?
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Barrister replied 8 months ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

.

This is a situation that would be that would be completely controlled by your Bylaws and CCRs as to what any applicable fine would be for a violation of the deadline to complete construction of the property. These types of fines typically range from $25 up to $200 a day and accrue over time on a daily basis.

.

As for when the when the Association could take legal action against the homeowner with regard to the fines, that should also be stated in your Bylaws. If it is not then it is entirely up to the HOA as to when to contact an attorney to file a lien and begin any foreclosure process on the property. Since hiring an attorney generally costs several thousand dollars most Associations will wait until the debt is at least as much as it would cost to hire an attorney before they begin legal action to lien and foreclose.

.

So all of the specific details about what you can specific details about what you can charge them and when you can take formal legal action should be contained in your Bylaws so you would need to get a copy of them and research them to see what they say about and when an owner defaults on the construction deadline and what your recourse is.

.

.

Thanks

Barrister

Related Real Estate Law Questions