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legalgems
legalgems, Arbitrator
Category: Real Estate Law
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What is the proper cause of action homeowner who is wanting

Customer Question

What is the proper cause of action for a homeowner who is wanting to file a lawsuit against a homeowners association, for a breach of the restrictive covenants that are contained in the HOA Covenants, Conditions and Restrictions (CCRs)? Is the proper term "Breach of Restrictive Covenant Pertaining to Real Property"? Or is it something else? Please advise. Thank you.
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Customer: Not at this time
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Submitted: 8 months ago.
Category: Real Estate Law
Expert:  legalgems replied 8 months ago.
What state is this in regards ***** *****?
Customer: replied 8 months ago.
Texas
Customer: replied 8 months ago.
Do you have an answer?
Expert:  legalgems replied 8 months ago.
Yes, thank you for your patience. Generally the bylaws or articles will specify what steps the homeowner wishing to have the HOA enforce the CC&R must do before filing suit. If these steps are followed, and there is still no action, then one can file for a breach of restrictive covenant and breach of fiduciary duty; they can also request specific performance- basically a court order directing the HOA to comply with the terms of the bylaws/articles/rules etc (so for example, to impose a daily fine). In order to be successful, the homeowner filing suit must typically prove the following: the HOA is not acting in the best interests of the homeowners as a whole, the HOA is not performing their duties fairly; the HOA is acting in a discriminating/arbitrary manner. There are attorneys who tend to be locally known for taking HOA cases; we can't give referrals but you can look online and then verify their license: https://www.texasbar.com/AM/Template.cfm?Section=Lawyer_Referral_Service_LRIS_ Further questions? Please post here to continue the chat. Satisfied? Kindly rate positively so I receive credit for assisting you.(no additional charges are incurred). Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.
Customer: replied 8 months ago.
thank you.
Expert:  legalgems replied 8 months ago.
You are most welcome; Please don't forget to rate my services so the site credits me for assisting you. Thank you kindly!
Expert:  legalgems replied 8 months ago.
Checking in to see how everything worked out. Have a great day!

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