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ScottyMacESQ
ScottyMacESQ, Lawyer
Category: Real Estate Law
Satisfied Customers: 17048
Experience:  Licensed General Practice Attorney, Texas
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Do HOA's have the legal right to halt construction in texas

Customer Question

Do HOA's have the legal right to halt construction in texas if the builder has not complied with approval guidelines issued by the hoa
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: Texas
JA: Has any paperwork been filed?
Customer: the builder was issued a cease and desist letter as he started building prior to the architectural control committee approval.....they were then issued approved with conditions...those being builders construction fence being erected, ports potty and builders sign then they could begin.....they chose to ignore those conditions and when called on it today they said the HOA/ACC does not have the legal right to make those conditions
JA: Anything else you want the lawyer to know before I connect you?
Customer: Do we have the legal authority to require those conditions and then enforce them
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  ScottyMacESQ replied 1 month ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. They MAY have the right to do so. That is, if the covenants, codes, and restrictions allow them to do so, they they may. The construction workers are essentially "agents" of the homeowner, and are bound by the same restrictions of the homeowner. Now they are not "bound" by a "cease and desist" letter. A cease and desist letter is worth the paper it's written on plus the belief on the part of the recipient that the sender is going to do something about it. I could send you a cease and desist telling you to stop breathing or I'm going to sue you. You'd dismiss that as crazy, and rightly so. Now an HOA would have a much better chance at actually taking the case to court and getting the builder to stop building. But if the builder is not willing to stop with a cease and desist letter, the HOA would have to seek an "injunction" in court demanding that they stop.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

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Expert:  ScottyMacESQ replied 1 month ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacESQ replied 1 month ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions).

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Expert:  ScottyMacESQ replied 1 month ago.

Should I continue to await your response, or may I assist the other customers that are waiting?

Expert:  ScottyMacESQ replied 1 month ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

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