Homeowners, management on opposite sides of retaining wall dispute

John Suayan, Galveston Bureau Mar. 7, 2011, 6:23am

GALVESTON � Riviera Owners' Association Inc. accuses South Shore Harbour Commercial Maintenance Association Inc. of not repairing a retaining wall located in a promenade area near its subdivision, recent court documents say.

In a lawsuit filed March 1 in Galveston County District Court, the plaintiff explains that SSHCMA bears responsibility for the wall, but the defendant has not done anything to keep it up to code.

The original petition insists SSHCMA is bounded to the wall by way of declarations filed by South Shore Harbor Development, the property developer, in March 1991.

"To date, SSHCMA has refused to take responsibility for the wall," the suit says.

Riviera adds that the defendant's alleged negligence prompted the city of League City to pursue legal proceedings to bring about the structure's repair thus seeks a declaratory judgment and unspecified monetary damages.

Funderburk & Funderburk LLP is representing the plaintiff.

The case has been assigned to Galveston County 405th District Court Judge Wayne Mallia.

Case No. 11-cv-0365

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