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Homeowners' Association Sues Property Owner Over Unpaid Assessments

SOUTHEAST TEXAS RECORD

Saturday, November 23, 2024

Homeowners' Association Sues Property Owner Over Unpaid Assessments

State Court
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Oakwood Glen Association, Inc., a Texas non-profit organization, has taken legal action against a property owner in Harris County for failing to pay assessments and related charges. The complaint was filed by Oakwood Glen Association, Inc. in the Judicial District Court of Harris County, Texas on September 27, 2024, naming Kenneth H. Nunn as the defendant.

The lawsuit centers around property located at 6910 Peace River Drive in Spring, Texas, owned by Kenneth H. Nunn. According to the plaintiff, this property is part of a community governed by a Declaration of Covenants, Conditions, and Restrictions that requires all property owners to pay assessments to the association. These assessments are intended to cover community expenses and maintenance costs. The Oakwood Glen Association claims that Nunn has failed to meet these financial obligations and currently owes $3,161.94 in delinquent assessments along with additional attorney fees and costs that have accrued.

The association alleges that despite multiple notices sent to Nunn regarding his outstanding balance and the consequences of continued non-payment, he has not settled his debts. The plaintiff asserts that under the terms of the Declaration and Texas law, they hold a lien on Nunn's property for these unpaid charges. This lien gives them the right to foreclose on the property if necessary.

Oakwood Glen Association is seeking several forms of relief from the court. They request a judgment for all amounts due from Nunn including delinquent assessments and any additional fees incurred during litigation. They also seek post-judgment interest at the maximum rate allowed by Texas law and reimbursement for reasonable attorney fees associated with enforcing their rights under the Declaration. Furthermore, they ask for an order establishing their lien against Nunn's property and authorizing its foreclosure if payment is not made.

Representing Oakwood Glen Association are attorneys J.C. Jamison, David K. Berk, Navin Pillai, and Rachael Chin from Holt & Tollett P.C., based in Houston, Texas. The case is filed under Case ID 2024-66547 in Harris County’s Judicial District Court.

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