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Homeowners Association sues Resident for Breach of Contract over Unpaid Fees

SOUTHEAST TEXAS RECORD

Saturday, November 23, 2024

Homeowners Association sues Resident for Breach of Contract over Unpaid Fees

State Court
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Capistrano Villas North Homeowners Association has taken legal action against a resident, alleging breach of contract over unpaid assessments. The complaint was filed by the Capistrano Villas North Homeowners Association in the District Court of Harris County on October 21, 2024, naming Anne Vidal as the defendant.

The lawsuit centers around allegations that Anne Vidal, a Texas resident and property owner within the Capistrano Villas community, failed to pay maintenance fees and special assessments as required by the community's restrictive covenants. These covenants were established by the original developers and recorded in the county's real property records. The plaintiff claims these restrictions form a binding contract between them and Vidal.

According to the complaint, Vidal's ownership of property within the community obligates her to pay annual and special assessments charged by the homeowners association. However, she allegedly neglected these financial responsibilities, prompting the association to seek legal recourse. "Defendant’s failure to abide by the provisions of Plaintiff’s Restrictions," states the complaint, has led to this breach of contract claim.

The homeowners association is not only seeking payment for past due amounts but also aims to foreclose on a vendor’s lien secured against Vidal's property. This lien was put in place as part of ensuring compliance with payment obligations under the restrictive covenants. The association argues that they have a right to foreclose this lien due to non-payment.

In addition to recovering delinquent payments, Capistrano Villas North Homeowners Association seeks monetary relief within jurisdictional limits, including costs related to foreclosure proceedings. They are also pursuing pre-judgment interest, post-judgment interest, court costs, and reasonable attorney fees under Texas Civil Practice and Remedies Code Section 38.001 and Texas Property Code Section 5.006.

The lawsuit further demands an order allowing for foreclosure of Vidal’s property if necessary payments are not made. They request an order of sale for any remaining deficiency after applying proceeds from such a sale towards satisfying their judgment.

Representing Capistrano Villas North Homeowners Association is Chris Archambault from Porter Law Firm based in Houston, Texas. The case is being overseen by Judge Chandra Lawson in Harris County District Court under Case ID 2024-72880.

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