In a legal battle that underscores the tensions often found in community governance, a Texas non-profit organization has taken legal action against a local property owner over unpaid dues. The Westheimer Place Community Improvement Association filed a complaint on September 27, 2024, in the Judicial District Court of Harris County, Texas, against Olufunke Allen. This lawsuit highlights the complexities and challenges faced by homeowner associations in enforcing their covenants and ensuring compliance among residents.
The Westheimer Place Community Improvement Association, which represents property owners within its jurisdiction, alleges that Olufunke Allen has failed to pay assessments related to her property located at 3743 Westmeadow Drive, Houston, TX 77082. According to the association's filing, these assessments are mandated by a Declaration of Covenants, Conditions, and Restrictions recorded with Harris County's Real Property Records. The association claims that Allen owes at least $3,159.46 in unpaid assessments along with accruing interest and attorney fees as per the terms outlined in the Declaration.
Central to this case is the association's assertion that it holds a lien on Allen's property due to these unpaid dues. "Pursuant to the Declaration," the filing states, "the past-due assessments... shall constitute a charge on the land and shall be a continuing lien upon the Property." Despite multiple notices sent to Allen regarding her delinquency, she has allegedly failed to settle her outstanding balance. Consequently, the association seeks not only repayment of these dues but also aims for judicial recognition and foreclosure of its lien on Allen’s property should payment not be forthcoming.
The plaintiff is seeking comprehensive relief from the court. This includes recovery of all owed assessments plus interest at the maximum rate permitted under Texas law. Additionally, they are requesting compensation for reasonable attorney fees incurred during this process and any future costs associated with collecting on any judgment awarded. The association also asks for an order allowing them to foreclose on Allen’s property if necessary to satisfy any outstanding debt.
Representing Westheimer Place Community Improvement Association are attorneys from Holt & Tollett PLLC: J.C. Jamison (State No. 24029632), David K. Berk (State Bar No. 24092127), Navin Pillai (State Bar No. 24132818), and Rachael Chin (State Bar No. 24128610). The case was filed under Case ID 2024-66611 in front of Judge Wanda Chambers at Harris County’s Judicial District Court.