Property owners claim home association used their TWIA funds

John Suayan, Galveston Bureau Jul. 28, 2010, 6:32am

GALVESTON � Joseph and Jamie Schwartzott have filed suit against Maravilla Homeowners Association Inc. and Hudak & Dawson Construction Co. Inc. over repairs to their condominium, recent court documents say.

The Schwartzotts' lawsuit, filed July 15 in Galveston County District Court, argues that the homeowners association used money due to them from the Texas Windstorm Insurance Association for non-Hurricane Ike expenses on common areas of the property that had nothing to do with the plaintiffs' property.

Maravilla also hired H & D without thoroughly investigating the company's credentials, they claim. The suit faults H & D for performing shoddy and incomplete work.

The plaintiffs' unit sustained significant damage during Ike, a Category 2 storm, in September 2008. A claim was filed with TWIA, but the agency reportedly allocated the $13,000 in repair funds to Maravilla instead of the Schwartzotts, the suit says.

The plaintiffs claim H & D completely demolished the interior at the homeowner association's instructions, though many of the fittings and fixtures were in good repair and did not need to be replaced.

Consequently, the plaintiffs seek unspecified monetary damages.

Attorney Brian P. Cweren is representing the Schwartzotts, and Galveston County 10th District Court Judge David Garner is presiding over the case.

Case No. 10-cv-1939

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