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Maverick
Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 5767
Experience:  20 years professional experience
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I live in an HOA in Texas. I have submitted an ACC request

Customer Question

I live in an HOA in Texas. I have submitted an ACC request for storage building that is very much in line with many others in the neighborhood. It does not meet the documented guidelines. I have provided both pictures and addresses of other storage buildings throughout my neighborhood that gave me reason to believe it would be accepted. One of them happens to belong to the President of the HOA. The management company and HOA board have all been in place for as long as I have lived in the neighborhood (Nov 2013). I was told what happened previous to when the board was given control a year ago did not matter despite the fact that it is the same management company and same HOA Board. After providing photo's, addresses, etc, I asked for a variance. The HOA board or the management company has taken the time to acknowledge my request or respond in any way. I sent my request directly to the president of the HOA and the owner of them management company, no response. Very frustrated. I have been researching online and see where other states seem to have more in place for honoring selective ACC requests but, not finding much at all for Texas. Advise?
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Maverick replied 4 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.

Customer: replied 4 months ago.
I meant to has the HOA management company or the HOA board has NOT taken the time to respond to my variance request.
Expert:  Maverick replied 4 months ago.

First, please take a look at the rules and regulations governing your community to see if they provide a specific procedure members must follow to submit a variance request. If you feel that you have followed those to no avail, then it may be time for you to consult with a local real estate litigation lawyer who specializes in HOA matters and pay the lawyer about $200.00 to send out a demand letter requesting 1. written approval for your variance in writing or 2. an explanation as to why it is being denied when the same variance requests have been granted to other members. The HOA should be put on notice that a response is needed within 10 days and that silence on its part will be taken to mean that selective enforcement is at play and that you will pursue all available remedies to get the situation rectified.

Often times this type of letter solves the problem rather quickly. If that does not work, then you may need to file a selective enforcement suit and seek damages. More to come...

Expert:  Maverick replied 4 months ago.

To get leverage under this letter, the lawyer can threaten to recover his legal fees under the Texas Property Code; the Texas Civ. Prac. & Rem. Code Section 38.001 et. seq. and/or the Texas Declaratory Judgment Act.

Customer: replied 4 months ago.
I will look at the rules for the variance request. Can I still respond to this after reading if I have an additional question regarding this? Are you in Texas?
Expert:  Maverick replied 4 months ago.

Yes and Yes.

Customer: replied 4 months ago.
I have printed the CCR's (all 200+ pages) and while there is mention of variance requests there are no instructions and no forms for requesting this. As part of my correspondence last week I stated in a number of emails I wanted a variance requested based on the very obvious number of homes that have what I am requesting. When I received no response I asked the ACC coordinator for the management company if my variance request has been submitted and she just replied that she was not sure what the procedure was and would get back to me. That has not happened and so far there has not been a response from anyone else and I included the owner of the management company, community manager, ACC coordinator and HOA board president. I am going to send a certified letter next. Or do I even need to do that with all the other documentation I have? Any other suggestions?
Expert:  Maverick replied 4 months ago.

No, at this point you may want to do the following:

Consult with a local real estate litigation lawyer who specializes in HOA matters and pay the lawyer about $200.00 to send out a demand letter requesting 1. written approval for your variance in writing or 2. an explanation as to why it is being denied when the same variance requests have been granted to other members.

The HOA should be put on notice that a response is needed within 10 days and that silence on its part will be taken to mean that selective enforcement is at play and that you will pursue all available remedies to get the situation rectified.

Often times this type of letter solves the problem rather quickly. If that does not work, then you may need to file a selective enforcement suit and seek damages. To get leverage under this letter, the lawyer can threaten to recover his legal fees under the Texas Property Code; the Texas Civ. Prac. & Rem. Code Section 38.001 et. seq. and/or the Texas Declaratory Judgment Act.

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